HQ 957063: Tariff classification of textile pouches.

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 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