Textile Pouches

HQ 085961 March 9, 1990 CLA-2 CO:R:C:G 085961 NLP CATEGORY: Classification TARIFF NO.: 6307.90.9050 Peter J. Fitch, Esq. Fitch, King & Caffentzis 116 John Street New York, N.Y. 10038 RE: Textile Pouches Dear Mr. Fitch: This is in response to your letter of November 6, 1989, requesting a tariff classification of textile pouches, imported from Taiwan, under the Harmonized Tariff Schedule of the United States (HTSUS). Samples were submitted for our examination. FACTS: The sample pouches are approximately 13 to 15 inches in length and 7 to 7-1/2 inches in width. Some of the pouches are constructed of man-made fibers which are flocked, while other pouches are woven without flocking. All of the pouches have draw-string top closures. The pouches are distributed to shoe retailers and are used to hold new shoes when they are sold to purchasers. They are also distributed to hotels, where they are used to hold shoes being returned to guests after polishing. ISSUES: What is the classification of the textile pouches under the HTSUS? LAW AND ANALYSIS: Classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relevant section and chapter notes. -2- Heading 4202, HTSUS, provides for, inter alia, travel, sports and similar bags. Additional U.S. Note 1 to Chapter 42 states that: For the purposes of heading 4202, the expression "travel, sports and similar bags" means goods, other than those falling in subheadings 4202.11 through 4202.39, of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading, but does not include binocular cases, camera cases, musical instrument cases, bottle cases and similar containers. While the pouch can be used to protect shoes when traveling, it does not appear to be designed for use as a traveling bag, nor does it appear to be offered or sold as such. The pouches appear to be of a type that will be used for the temporary storage of shoes, after purchase or servicing, until they are used. Therefore, the instant pouches are not the type of merchandise properly classifiable in Heading 4202, HTSUS. Heading 6307, HTSUS, provides for other made up textile articles. The Explanatory Notes for Heading 6307, HTSUS, state the following: "This heading 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. It includes, in particular: * * * (5) Domestic laundry or shoe bags, stocking, handkerchief, or slipper sachets, pajama or nightdress cases and similar articles." Based on prior rulings, it is Customs position that the instant pouches are classifiable in Heading 6307, HTSUS. For instance, Headquarters Ruling Letter (HRL) 084257, dated July 18, 1989, dealt with the HTSUS classification of golf shoes imported with a textile drawstring pouch that was designed to store the shoes in the shoe box when sold to the customer. The ruling held that the textile pouch was classifiable in subheading 6307.90.9030, HTSUS, which provides for made up articles: other: other, other. -3- HRL 085380, dated November 24, 1989, dealt with the HTSUS classification of a handbag imported with a textile drawstring pouch. The pouch was given to customers at the time of sale to store and protect the handbag when it was not being used. The ruling held that the pouch was not classifiable in Heading 4202, HTSUS, which provides for, inter alia, vanity cases... musical instrument cases, gun cases, holsters and similar containers, because the pouch did not resemble those items and it was not worn or carried outside the body. The pouch was classified in subheading 6307.90.9050, HTSUS which provides for other made up articles: other: other, other. Finally, HRL 086116, dated December 15, 1989, dealt with the HTSUS classification of pouches made of man-made textile materials. These pouches were of various sizes and shapes and were designed to hold purchases of jewelry or pens. The pouches were given to customers when the goods were purchased. They would be used to carry the purchase home from the store but would not normally be used subsequently to carry the articles. These pouches were also held to be classifiable in subheading 6307.90.9050, HTSUS. The instant pouches are similar to the above pouches in that they are also made of textile material and are designed to be given to consumers at the time they purchase certain articles. In addition, like the pouch in HRL 085380, this pouch can be used by consumers to store and protect the purchased articles at home. Thus, the instant pouches are classifiable, in accordance with the above rulings, in Heading 6307, HTSUS. HOLDING: The textile pouches are classifiable under subheading 6307.90.9050, HTSUS, which provides for other made up articles: other: other, other. The rate of duty is 7 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division