HQ 084967: Classification of pencil 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 084967

                        October 12, 1989



CLA-2  CO:R:C:G   084967  CC

CATEGORY:  Classification

TARIFF NO.: 4202.32.2000

Mr. Ned H. Marshak
Sharetts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, N.Y. 10004

RE:  Classification of pencil pouches

Dear Mr. Marshak:

     This letter is in response to your inquiry of June 14, 1989,
in behalf of K mart Corporation, requesting tariff
classification of pencil pouches under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).  Samples were
submitted for examination.

FACTS:

     One of the pencil pouches, code number 25-47-44, measures
approximately 8 by 4 inches and has a full length zipper
across the top. It has a small lunch money pocket, measuring 3 by
2 inches, which is attached to the exterior and is secured by a
snap button.

     The other pencil pouch, code number 25-37-02, measures 8 by
4 inches and has a full length zipper.  Both pouches are made
of plastic sheeting and are made in China.

ISSUE:

     Whether the pencil pouch is an article of a kind normally
carried in the pocket or handbag, classifiable under subheading
4202.32, HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.

     Heading 4202, HTSUSA, provides for pouches and similar
containers.  Subheading 4202.32, HTSUSA, provides for articles of
a kind normally carried in the pocket or in the handbag with
outer surface of plastic sheeting or of textile materials.  Since
the pouches are of a size and type which would be carried in a
handbag, we find that they are classifiable as articles of a kind
normally carried in the pocket or in the handbag.

HOLDING:

     The merchandise at issue is classified under subheading
4202.32.2000, HTSUSA, as pouches or similar containers, articles
of a kind normally carried in the pocket or in the handbag, with
outer surface of plastic sheeting, other, dutiable at a rate of
20 percent ad valorem.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division