HQ 089371: Revocation of New York Ruling Letter 862128; Textile pouches; Jewelry pouches; Similar containers; Other made up textile articles.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 089371



                         September 6, 1991

   CLA-2 CO:R:C:G 089371 KWM

   CATEGORY: Classification

   TARIFF No.: 6307.90.9040


   Mr. Joseph J, Kenney
   Liberty International, Inc.
   470 Main Street
   Pawtucket, Rhode Island  02860

   RE:  Revocation of New York Ruling Letter 862128; Textile
        pouches; Jewelry pouches; Similar containers; Other made
        up textile articles.


   Dear Mr. Kenney:

        On April 16, 1991, our New York Office issued to you New
   York Ruling Letter (NYRL) 862128, a binding tariff
   classification for merchandise described as a drawstring
   jewelry pouch.  Since that ruling was issued, we have
   reconsidered our position and find that the finding of that
   letter is incorrect.  We revoke NYRL 862128 for the reasons
   below.


   FACTS:

        The sample submitted with your request was described in
   NYRL 862128 as a "drawstring pouch constructed of a flocked
   man-made textile exterior."  The ruling issued on April 16,
   1991, classified the product in subheading 4202.32.9550,
   HTSUSA, apparently based in part on a finding that the
   articles were similar to the merchandise classified in heading
   4202. HTSUSA.


   ISSUE:

        Is the jewelry pouch classified in heading 4202, HTSUSA?

        If not, where is the jewelry pouch classified?


   LAW AND ANALYSIS:

        Classification under the Harmonized Tariff Schedule of
   the United States Annotated (HTSUSA) is made in accordance
   with the General Rules of Interpretation (GRI's).  The
   systematic detail of the harmonized system is such that
   virtually all goods are classified by application of GRI 1,
   that is, according to the terms of the headings of the tariff
   schedule and any relevant Section or Chapter Notes.

        Heading 4202, HTSUSA, provides for a number of distinct
   but related items.  Drawstring pouches such as these are not
   specifically described within the terms of the heading.
   However, they may be included in the provision for "similar
   articles."  We find that the pouches are not similar articles.

   In classifying goods as "similar" Customs considers many
   factors.  We do not classify articles in heading 4202, HTSUSA,
   solely on the basis of their potential to contain or hold
   clothing and/or personal effects.  The subject merchandise is
   manufactured from inexpensive flocked textile material of the
   kind found on containers commonly given away as premium
   packaging at the time of purchase.  An examination of the
   pouches reveals that they are not "specially shaped or fitted"
   as a jewelry box would be; nor are they durable items,
   suitable for long term repeated use. That the pouches are of a
   type "normally carried in the pocket or handbag" is not an
   important factor at the four-digit heading level.  And,
   although the bags could be used for travel purposes, their
   character is not that of an article specially designed to
   transport personal belongings while traveling.   We find that
   the terms of heading 4202, HTSUSA, do not include this
   merchandise.

        Since we find no other heading which, by GRI 1, includes
   this merchandise, we consider the pouches to be a composite
   good.  The primary constituent materials in this case are the
   man-made textile flocking and the PVC material to which the
   flocking is adhered.  GRI 3 provides that classification of
   composite merchandise shall be made according to that material
   which provides the article with its essential character.  In
   this case, we consider the man-made textile flock to provide
   the essential character.  Although the PVC may form the shape
   of the bag, it is the man-made flocking which is visible to
   the user; it is the flocking which provides the bag with a
   soft surface, an attractive feel, and consumer appeal.
   Therefore, the textile pouches are classified in subheading
   6307.90.9490, HTSUSA.


   HOLDING:

        New York Ruling Letter 862128 is hereby revoked.  The
   merchandise at issue, drawstring pouches made of PVC plastic
   flocked with man-made textile, are classified in subheading
   6307.90.9490, HTSUSA, as other made up textile articles.
   There is no textile visa category associated with this
   classification.

        This notice to you should be considered a revocation of
   NYRL 862128 under 19 CFR 177.9(d)(1).  It is not to be applied
   retroactively to NYRL 862128 (19 CFR 177.9(d)(2)) and will
   not, therefore, affect past transactions for the importation
   of your merchandise under that ruling.  However, for the
   purposes of future transactions in merchandise of this type.
   NYRL 862128 will not be valid precedent.  We recognize that
   pending transactions may be adversely affected by this
   modification in that current contracts for importation
   arriving at a port subsequent to this decision will be
   classified pursuant to it.  If such a situation arises, you
   may, at your discretion, notify this office and may apply for
   relief from the binding effects of this decision as may be
   warranted by the circumstances.  However, please be advised

   that in some instances involving import restraints, such
   relief may require separate approvals from other government
   agencies.



                                      Sincerely,


                                      John A. Durant, Director
                                      Commercial Rulings Division