Classification of a drawstring pouch made of polyester yarn;spectacle pouch; eyeglass pouch; pouch for sunglasses

HQ 954403 November 16, 1993 CLA-2 CO:R:C:T 954403 BC CATEGORY: Classification TARIFF NO.: 6307.90.9986 Scott E. Rosenow, Esq. STEIN SHOSTAK SHOSTAK & O'HARA 1620 L Street, N.W. Washington, D.C. 20036 RE: Classification of a drawstring pouch made of polyester yarn; spectacle pouch; eyeglass pouch; pouch for sunglasses Dear Mr. Rosenow: This responds to your letter of June 11, 1993, concerning the proper classification of a polyester pouch used as a container for sunglasses. You submitted a sample pouch for our examination. FACTS: The sample is a 3 1/2 by 7 inch drawstring pouch made of an ultra-fine polyester material. The pouch will be distributed to purchasers of sunglasses for the purpose of providing a container with a drawstring closure to secure the glasses inside. ISSUE: What is the proper classification for the polyester drawstring pouch at issue? LAW AND ANALYSIS: Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined in accordance with the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining rules will be applied in sequential order. The Explanatory Notes (EN's) to the Harmonized Commodity Description and Coding System assist us in the classification of merchandise. The EN's constitute the official interpretation of the nomenclature at the international level. While not legally binding, they represent the considered views of classification experts of the Harmonized System Committee. It has been the practice of the Customs Service to follow, whenever possible, the terms of the EN's when interpreting the HTSUS. In Treasury Decision (T.D.) 89-80, Customs stated that the EN's should always be consulted as guidance when classifying merchandise. (See T.D. 89-80, quoting from a report of the Joint Committee on the Omnibus Trade and Competitiveness Act of 1988, endorsing use of the EN's in the classification of goods. 23 Cust. Bull. 379 (1989), 54 Fed. Reg. 35,127 (August 23, 1989).) In your letter, you contended that the pouch at issue should be classified under heading 6307, HTSUSA, as an other made up article of textile. You asserted that it should not be classified under the provision for spectacle cases and similar containers in heading 4202, HTSUSA. Drawstring pouches have been classified under the HTSUSA in both heading 4202 and heading 6307. Where a pouch is considered specially designed to hold an article, and of adequate construction to be used repeatedly (rather than discarded), it is classifiable under heading 4202, HTSUSA. If it is the kind of article to be carried in the pocket or handbag, with an outer surface of textile material, it is classifiable under subheading 4202.32, HTSUSA. See HRL 085259 (August 25, 1989), HRL 087753 (November 19, 1990), HRL 950000 (October 31, 1991), New York Ruling Letter (NYRL) 874792 (June 8, 1992), HRL 875278 (June 26, 1992), NYRL 875633 (July 9, 1992), and HRL 951882 (January 29, 1993). If it is the kind of article that falls within the description of "travel, sports and similar bags," as set forth in Additional U.S. Note 1 of Chapter 42, it is classifiable under subheading 4202.92, HTSUSA. That note reads as follows: 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. See HRL 086083 (March 5, 1990), as modified by HRL 086637 (March 30, 1990), NYRL 866540 (September 13, 1991), HRL 089575 (November 20, 1991), NYRL 881239 (December 29, 1992), and HRL 951882 (January 29, 1993). Pouches that have been found to fall outside heading 4202, HTSUSA, are those that are considered not specially designed to hold a particular article and not adequately constructed for repeated use. You cited HRL 953176, dated March 16, 1993, for this very proposition. That ruling classified a pouch under heading 3923, HTSUSA, pertaining to articles of plastic. The decision was based on findings that the article was not specially shaped or fitted nor of substantial construction. The other cases you cited were based on similar findings. You contend that the pouch at issue here is neither specially shaped or fitted nor of substantial construction. On this basis, you assert that the pouch should be classified under heading 6307, HTSUSA, as an other made up textile article. We disagree with your contention that the pouch at issue is not adequately constructed for repeated use. As you pointed out in your letter, articles of heading 4202, HTSUSA, can be soft and/or without foundation. The pouch at issue is just such an article. We find that it is of substantial construction and capable of repeated use. As far as the requirement that a pouch be specially shaped or fitted, it is clear that the pouch at issue is not specially designed to hold a particular article. While a pair of glasses is capable of fitting neatly inside the pouch, with dimensions of 7 by 3.5 inches, many other articles could also be placed therein. In addition, the pouch evidences no special features, such as (but not limited to) pockets or compartments, that would suggest special design to hold particular articles. Based on the fact that the pouch at issue is a general purpose pouch, capable of holding various articles and not specially shaped or fitted for a particular article, we conclude that it is classifiable under subheading 6307.90.9986, HTSUSA, as an other article of textile. The fact that the pouch is of substantial construction does not alter this conclusion. HOLDING: The drawstring pouch at issue is classifiable under subheading 6307.90.9986, HTSUSA, as an other article of textile, other. The applicable duty rate is 7% ad valorem. Sincerely, John Durant, Director Commercial Rulings Division