United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0955821 - HQ 0955916 > HQ 0955886

Previous Ruling Next Ruling

HQ 955886

May 17, 1994

CLA-2 CO:R:C:T 955886 CC


TARIFF NO.: 9004.10.0000

Randall Montgomery
Aaron J. Wayne
Customs Broker
1200 S. Inglewood Av., #200
Inglewood, CA 90301

RE: Classification of sunglasses, eyeglass cord holder, drawstring bag; classifiable as a set; GRI 3(b)

Dear Mr. Montgomery:

This letter is in response to your inquiry, dated January 27, 1994, requesting the tariff classification of sunglasses, a cloth pouch, and an eyeglass cord holder, packaged together in a wooden box. Samples were submitted for examination.


The sunglasses are made of plastic frames with plastic lenses. On the sides of the frames are imprinted the words "Dirty Dog."

The eyeglass holder or cord measures approximately 23 inches long. It is made primarily of narrow woven fabric, which appears to be composed of man-made fibers. At both ends of the cord are rubber loops to grip the eyeglass temples.

The sunglasses and eyeglass cord holder are placed in a blue woven textile bag with a drawstring closure. The bag measures approximately 7 inches by 3~ inches. On the front of the bag is a design representing a dog with the inscription "Dirty Dog, extreme eyewear, New Zealand."

The bag, eyeglass cord holder, and sunglasses are packaged in a small wooden box that measures approximately 6~ inches by 2~ inches. On the front of the box is the same design and inscription as that on the front of the bag.


Whether the merchandise at issue is classified together as a set or classified separately under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 9004, HTSUSA, provides for spectacles, goggles and the like, corrective, protective or other; subheading 9004.10, HTSUSA, provides for sunglasses. The submitted sunglasses are classifiable under subheading 9004.10.

Heading 6307, HTSUSA, provides for other made up articles. According to the Harmonized Commodity Description and Coding System, Explanatory Notes, the official interpretation of the HTSUSA at the international level, at page 867, Heading 6307 covers made up articles of any textile material which are not included more specifically in other headings of Section XI or elsewhere in the Nomenclature. The eyeglass cord holder is not included more specifically in any other heading. In addition, Customs has classified textile eyeglass holders in Heading 6307. (See, e.g., New York Ruling Letter (NYRL) 884195, dated April 9, 1993.) Consequently, the eyeglass cord holder is classifiable in Heading 6307.

The drawstring bag is also classifiable in Heading 6307. It is not more specifically provided for in another heading. In addition, we have ruled that similar merchandise is classifiable in Heading 6307. (See, e.g., Headquarters Ruling Letter (HRL) 954403, dated November 16, 1993.) Consequently, the drawstring bag is classifiable in Heading 6307.

GRI 3 provides for the classification of goods when, by application of rule 2(b) or for any other reason, they are, prima facie, classifiable under two or more headings. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character.

The Explanatory Notes state at page 4 that the term "goods put up in sets for retail sale" refers to goods which:

(a) consist of at least two different articles which are, prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking.

To be classified as a set, the merchandise at issue must meet all three requirements listed above. The submitted merchandise is classifiable in different headings and thus requirement (a) is met. In addition, requirement (c) is met since this merchandise is put up in a manner suitable for sale directly to users without repacking. Finally, these goods together facilitate the use of sunglasses, which satisfies requirement (b). Since all three requirements listed above have been met, the submitted merchandise is classified together as a set.

The sunglasses clearly provide the essential character to the subject merchandise. Consequently, this merchandise is classified in Heading 9004.

GRI 5 provides that in addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein:

(a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

(b) Subject to the provisions of rule 5(a) above, packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision is not binding when such packing materials or packing containers are clearly suitable for repetitive use.

The box meets the requirements of GRI 5(b). It is not designed for repetitive use and is used for packing of the other submitted merchandise. Consequently, the box is classified with the sunglasses.


The subject merchandise is classified together under subheading 9004.10.0000, HTSUSA, which provides for spectacles, goggles and the like, corrective, protective or other: sunglasses. The rate of duty is 7.2 percent ad valorem.

Your inquiry regarding the country of origin of the submitted merchandise has been transferred to our Value and Marking Branch for separate reply.


John Durant, Director

Previous Ruling Next Ruling

See also: