HQ 083800: Reconsideration of NYRL 836464 of February 13, 1989

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 083800

                                  June 13, 1989


      CLA-2 CO:R:C:G  083800  CMR

      CATEGORY: Classification

      TARIFF NO.: 4202.92.3030

      Mr. Robert Lach
      New Creative Enterprises, Inc.
      5481 Creek Road
      Cincinnati, Ohio  45242

      RE: Reconsideration of NYRL 836464 of February 13, 1989

      Dear Mr. Lach:

           This ruling is in response to your letter of February 22, 1989,
      requesting reconsideration of NYRL 836464.

      FACTS:

           In NYRL 836464, your product, "le pouch," was classified under
      the provision for travel, sport and similar bags, with outer surface
      of textile materials, in subheading 4202.92.3030, textile category
      670-L, dutiable at 20 percent ad valorem.

           The "le pouch" is commonly known as a "waist bag" or "fanny
      bag."  It is made of 100 percent nylon material.  The woven bag or
      pouch is sewn to a nylon woven adjustable belt.  The "le pouch" has
      two zippered compartments in the front and one in the back.  It is
      primarily worn around the waist, although you state it can also be
      worn hanging from the shoulder.  The "le pouch" will be manufactured
      in the People's Republic of China.

      ISSUE:

           Was the "le pouch" properly classified in NYRL 836464 under the
      provision for travel, sports and similar bags, with outer surface of
      textile materials, other, other, of man-made fibers, other, in
      subheading 4202.92.3030, HTSUSA?

      LAW AND ANALYSIS:

           The "le pouch" is a utility bag designed to be worn around the
      waist while the wearer is engaged in a sporting activity, such as











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      jogging or bicycling.  This does not, of course, preclude its use for
      other purposes such as carrying small items while sightseeing.
      Although you claim the le pouch is too small to carry much more than
      money, keys, and pocket items, we believe it is large enough to carry
      other items such as small cameras or even a small radio.

           In your request for reconsideration, you claim the "le pouch" is
      "used like a purse, money belt or wallet."  While it is true that it
      may be used to carry money as are the aforementioned articles, it is
      distinguishable from them.

           Heading 4202, HTSUSA, provides for various types of bags or
      containers.  These bags and containers are broken up into four types:

           (1) Trunks, suitcases, vanity cases, attache cases, briefcases,
               school satchels and similar containers

           (2) Handbags, whether or not with shoulder strap, including
               those without handle

           (3) Articles of a kind normally carried in the pocket or in the
               handbag

           (4) Other

           Clearly, the "le pouch" is not similar to a trunk, suitcase, or
      any of the other named items of that type.  It is unlike a purse in
      that it is designed to be principally worn about the waist like a
      belt.  Purses are generally carried in the hand or on the shoulder.
      Although you claim the "le pouch" may be worn on the shoulder like a
      purse, we believe it is not principally designed to be worn that way
      nor do you show it being worn that way on your display.  It is not
      the type of article normally carried in the pocket or in a handbag.
      Consequently, having eliminated the first three divisions of the
      heading, we are left with "Other".

           Under the "Other" provision, the "le pouch" is classifiable
      under subheading 4202.92, HTSUSA, which provides for articles "with
      outer surface of plastic sheeting or of textile materials."  This
      subheading is further divided into provisions for travel, sports and
      similar bags, musical instrument cases, and other.  Of these choices,
      we believe the "le pouch" is most properly classified under the
      provision for travel, sports and similar bags.

           In United States v. Standard Surplus Sales, Inc., 69 CCPA 34,
      667 F. 2d 1011 (1981), the Court addressed the issue of whether
      various bags were classifiable as sports equipment or as luggage.
      The Court decided that the bags had been properly classified by
      Customs as luggage.  Among the bags under consideration in the case
      was one referred to as "fanny bag" and described as "an oblong
      zippered bag sewn into an adjustable waist belt and worn on the











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      user's lower backside."  Id. at 36.  In its opinion, the Court stated
      that this bag was specifically designed for backpacking and possessed
      characteristics common to knapsacks.  Id. at 40, 41.

           The "le pouch" appears to closely resemble the description of
      the fanny bag of Standard Surplus Sales.  While the "le pouch" may
      not be designed specifically for backpacking, we believe it is
      similar to the fanny bag and is, therefore, properly considered
      similar to sport bags.

      HOLDING:

           The "le pouch" was properly classified in NYRL 836464 under the
      provision for travel, sport and similar bags, with outer surface of
      textile materials, other, other, of man-made fibers, other, in
      subheading 4202.92.3030, HTSUSA, textile category 670-L, dutiable at
      20 percent ad valorem.

           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 importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,




                                      John Durant, Director
                                      Commercial Rulings Division





























      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins