us-cbp-cross-rulings-hq-087464•HQ 087464: Jewelry boxes; Articles of wood; Wholly or mainly covered with textile materials.
HQ 087464: Jewelry boxes; Articles of wood; Wholly or mainly covered with textile materials.
us-cbp-cross-rulings-hq-087464HQ 087464: Jewelry boxes; Articles of wood; Wholly or mainly covered with textile materials.Guidance
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 087464
October 26, 1990
CLA-2 CO:R:C:G 087464 KWM
CATEGORY: Classification
TARIFF: 4202.92.9020
Ms. Lorraine M. Dugan
Associated Merchandising Corporation
1330 Broadway
New York, New York 10018
RE: Jewelry boxes; Articles of wood; Wholly or mainly covered
with textile materials.
Dear Ms. Dugan:
This will acknowledge receipt of your correspondence
dated June 27, 1990, requesting reconsideration of a district
ruling letter, DD 852819, issued by the Miami District of the
Customs Service. Specifically, your letter questions the
tariff classification given to the subject merchandise. For
the reasons below, we affirm DD 852819.
FACTS:
Two styles of jewelry box are involved in your request
for reconsideration. As described in DD 852819, they are:
Style F1001 ia a rectangular jewelry box totally covered
with fabric (65% polyester/35% cotton). It also has an
inside mirror in the lid and two divider trays.
Approximate dimensions for the box are 8x6x2 and 3/4
inches. Style F1002 is a chest-shaped jewelry box
totally covered with fabric (65% polyester/35% cotton).
It also has an inside mirror and assorted divider trays.
Approximate dimensions are 12x8x8 inches.
In addition, you have provided the following breakdown of
component materials used to construct the box:
Style F1001
Cost Weight
Plywood 48% 42%
Fabric 20% 10%
Cardboard 10% 18%
Mirror 20% 20%
Other (glue) 2% 10%
Style F1002
Cost Weight
Plywood 40% 40%
Fabric 37% 12%
Cardboard 15% 26%
Mirror 6% 12%
Other (glue) 2% 10%
In DD 852819, the Miami District office classified the
jewelry boxes at issue as jewelry boxes wholly covered with
textile material, as provide for in subheading 4202.92.9020,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
You believe that the jewelry boxes should be classified under
the provision for cases for jewelry of wood, subheading
4420.90.6000, HTSUSA. The basis for your request is that the
article is "in chief cost and chief weight wooden boxes. The
wood gives them their quality and character. The textile
lends its distinctiveness."
ISSUE:
Are the boxes at issue properly classified as textile
covered jewelry boxes of heading 4202, HTSUSA, or are they
classified as cases for jewelry of wood, heading 4420, HTSUSA?
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. In the
event that the goods cannot be classified solely on the basis
of GRI 1, and if the headings and legal notes do not otherwise
require, the remaining GRIs may be applied, taken in order.
We do not agree with your assertion that the jewelry
boxes here belong in subheading 4420.90.6000, HTSUSA.
Although both headings could include the boxes at issue, the
GRI's and notes exclude your proposed heading from
consideration. First, the Legal Notes to chapter 44 include
the following:
1. This chapter does not cover:
(e) Articles of heading 4202;
Therefore, if we determine that the instant boxes are articles
of heading 4202, HTSUSA, they will be excluded from heading
4420, HTSUSA. The terms of heading 4202, HTSUSA, include, in
pertinent part:
4202 . . . jewelry boxes . . . of textile materials.
. . or wholly or mainly covered with such
materials
From the terms of the heading, it would appear that the
instant items are articles of heading 4202, HTSUSA. It is our
opinion that such is the case and that the terms of heading
4420 do not include these goods.
The terms of a tariff heading must be read together, and
all items classified under a heading must be of a kind, be in
pari materia, particularly in cases such as this where the
heading terms refer to a class of goods such as "cases of
wood." From the descriptions provided by the headings,
subheadings and notes, it is clear that textile covered boxes
such as those at issue are not so substantially similar to
other goods of heading 4420, HTSUSA to warrant classification
there by application of GRI 1. Most of the articles of wood
in heading 4420, HTSUSA, are made primarily or exclusively of
wood, and the wood component is generally a prominent visual
feature of the goods. Such treatment is not a requirement for
inclusion in heading 4420, HTSUSA, but is a common feature
among the named items of that heading. Here, wood is not the
primary component but one of several materials that contribute
to the whole.
Second, even assuming arguendo that both headings merit
equal consideration, GRI 3(a) prescribes that the heading
which provides the most specific description shall be
preferred. We believe that the specific terms ("jewelry
boxes") of heading 4202, HTSUSA, more specifically describe
the goods than class of kind description ("cases for jewelry .
. . of wood") of heading 4420, HTSUSA.
Finally, there is no essential character determination
(GRI 3(b)) to be made in this case. The goods may be
classified at the four-digit heading level by applying either
GRI 1 or GRI 3(a). Within heading 4202, HTSUSA, GRI 1 applied
mutatis mutandis serves to classify the goods under the
provision for other goods with outer surface of textile
materials, of man-made fibers.
HOLDING:
DD 852819 is hereby affirmed. The merchandise at issue,
jewelry box styles F1001 and F1002, having an inner structure
of wood and completely covered with textile material are
classified in subheading 4202.92.9020, HTSUSA, as jewelry
boxes, with outer surface of textile materials, of man-made
fibers. The goods are dutiable at the rate of 20 percent ad
valorem. The applicable textile quota category is 670.
The designated textile and apparel category may be
subdivided into parts. If so, the visa and quota category
requirements applicable to the subject merchandise may be
affected. Since part categories are the result of
international bilateral agreements which are subject to
frequent renegotiations and changes, to obtain the most
current information available, we suggest you check, close to
the time of shipment, the Status Report on Current Import
Quotas (Restraint Levels), an issuance of the U.S. Customs
Service, which is updated weekly and is available at your
local Customs office.
Due to the changeable nature of the statistical
annotation (the ninth and tenth digits of the classification)
and the restraint (quota/visa) categories, you should contact
your local Customs office prior to the importation of this
merchandise to determine the current status of any import
restraints or requirements.
Sincerely,
John A. Durant
Director
Commercial Rulings Division
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