HQ 086206: Slipper Pouches

us-cbp-cross-rulings-hq-086206HQ 086206: Slipper PouchesGuidance

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 086206

                                   April 13, 1990

          CLA-2 CO:R:C:G 086206 SR

          CATEGORY: Classification

          TARIFF NO.: 6307.90.9050

          John M. Peterson
          Neville, Peterson, & Williams
          39 Broadway
          New York, NY 10006

          RE: Slipper Pouches

          Dear Mr. Peterson:

               This is in reference to your letter dated December 14, 1989,
          requesting the tariff classification of pouches for slippers
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  The country of origin for this merchandise
          was not provided.  For purposes of this ruling we will assume
          that it is a country that is under the General Duty Rate column.

          FACTS:

               The merchandise at issue is a textile pouch that will be
          imported and sold with a pair of Aris-Isotoner Comfort Slippers.
          The pouch measures approximately 7 1/2 inches in length by 5 1/2
          inches in width; with a drawstring closure at the top.  It is
          constructed of a woven twill fabric which is constructed of a
          blend of 65 percent polyester and 35 percent cotton fibers.

          ISSUE:
               What is the classification of the pouch at issue?

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is governed by the
          General Rules of Interpretation (GRI), taken in order.  GRI 5(a)






















                                         -2-

          provides the following:

               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.

               The merchandise at issue does not meet these qualifications.
          It is not fitted to contain a specific article.  Similar pouches
          are used to hold jewelry or perfume.

               Heading 6307, HTSUSA, provides for other made up articles.
          The Explanatory Notes provide the official interpretation of the
          tariff at the international level.  The Explanatory Notes to
          heading 6307 provides that this heading covers articles of any
          textile material, including: (5) domestic laundry or shoe bags.
          Therefore, the merchandise at issue is classifiable under heading
          6307, HTSUSA.

          HOLDING:

               The slipper pouch at issue is classifiable under subheading
          6307.90.9050, as other made up articles, other, other.  The rate
          of duty is 7 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division




















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