Tariff classification of textile pouches.

HQ 957063 December 1, 1994 CLA-2 CO:R:C:T 957063 ch CATEGORY: Classification TARIFF NO.: 6307.90.9989 Arvind K. Suri J.F. Moran Company, Incorporated 916 Wellington Avenue Cranston, Rhode Island 02910 RE: Tariff classification of textile pouches. Dear Suri: This is in response to your letter, dated April 13, 1994, requesting tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS) for certain drawstring pouches. Samples were sent to this office for examination. FACTS: The submitted samples are four pouches described as follows: Item LK-28: Black Velour jewelry pouch, approximately 4" by 4 1/2"; Item LK-44: Burgundy Velour jewelry pouch, approximately 3 1/4" by 4"; Item LK-30: Blue Velour jewelry pouch, approximately 5" by 5 1/2"; Item LK-42: Black Velour jewelry pouch, approximately 2" by 3". Each pouch has a drawstring closure and is composed of a woven textile fabric which has an outer surface of man-made fiber flocking. ISSUE: Whether the drawstring pouches are classifiable in heading 4202, HTSUS, which provides in part for traveling bags, jewelry boxes and similar containers; or heading 6307, HTSUS, which provides for other made up textile articles? LAW AND ANALYSIS: Heading 4202, HTSUS, provides for: Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper. (Emphasis added). Thus, heading 4202, HTSUS, encompasses traveling bags, jewelry boxes and similar containers of textile materials. The Explanatory Note (EN) to heading 4202 states, at page 613, that: The term "jewellery boxes" covers not only boxes specially designed for keeping jewellery, but also similar lidded containers of various dimensions (with or without hinges or fasteners) specially shaped or fitted to contain one or more pieces of jewellery and normally lined with textile material, of the type in which articles of jewellery are presented and sold and which are suitable for long-term use. (Emphasis added). Hence, the heading encompasses not only traditional jewelry boxes, but also those of a kind normally sold at retail with their contents, so long as they are specially shaped or fitted to contain jewelry and are suitable for long-term use. The EN, at page 613, also provides that: The articles covered by the second part of the heading must, however, be only of the materials specified therein or must be wholly or mainly covered with such materials or with paper (the foundation may be of wood, metal, etc.). The expression "similar containers" in this second part includes note-cases, writing-cases, pen-cases, ticket-cases, needle-cases, key-cases, cigar-cases, pipe-cases, tool and jewellery rolls, shoe-cases, brush-cases, etc. (Emphasis added). Therefore, jewellery rolls are regarded as containers similar to the exemplars of the second part of heading 4202, which include traveling bags and jewelry boxes. This office has issued a number of ruling letters wherein we have concluded that jewelry pouches are ejusdem generis with the containers of heading 4202, HTSUS. For example, we have held that jewelry pouches are classifiable in heading 4202 when they are designed for travel purposes. See Headquarters Ruling Letter (HRL) 950000, dated October 31, 1991 (lined jewelry pouch constructed from quality material). Moreover, we have regarded jewelry pouches to be articles of the same kind as jewelry rolls, so long as they are internally fitted to hold their contents and are suitable for repetitive use. See HRL 951882, dated January 29, 1993 (textile drawstring pouch lined with satin and fitted with compartments for jewelry); HRL 086083, dated March 5, 1990 (nylon satin drawstring pouch with compartments for jewelry) (modified at the subheading level by HRL 086637, dated March 30, 1990). By way of contrast, we have determined that multi-purpose pouches not designed as travel containers for jewelry are excluded from heading 4202, HTSUS. Accordingly, drawstring pouches of the kind sold at retail with their contents are excluded from heading 4202, HTSUS, if they are not specially shaped or fitted to hold jewelry or are not suitable for long-term use. See HRL 953176, dated March 16, 1993; HRL 951838, dated August 11, 1992; HRL 089851, dated July 29, 1991. Pouches excluded from heading 4202 have been classified according to their constituent materials. In this instance, the drawstring pouches have not been designed specifically for travel purposes as they are composed of an insubstantial textile material. In addition, they are not similar to jewelry boxes or jewelry rolls of heading 4202, as they are not fitted to hold their contents. Accordingly, they are excluded from heading 4202, HTSUS. As the pouches are composed of textile materials and are not elsewhere described in the HTSUS, they are classifiable as other made up textile articles of heading 6307, HTSUS. HOLDING: The subject merchandise is classifiable under subheading 6307.90.9989, HTSUS, which provides for other made up articles, including dress patterns: other: other: other, other: other.. The applicable rate of duty is 7 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division