HQ 084968: Classification of a pencil pouch

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 084968

                        October 12, 1989




CLA-2  CO:R:C:G  084968 CC

CATEGORY:  Classification

TARIFF NO.:  4202.32.9550

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

RE:  Classification of a pencil pouch

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 a pencil pouch under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).  A sample was submitted for
examination.

FACTS:

     The merchandise at issue, K mart code number 25-36-57, is a
zippered pencil pouch made in China.  It measures approximately
9 by 5 inches and is constructed of man-made fibers.  The pouch
has a full length zipper across the top and a full length open
pocket on the side, with one snap button in the middle.

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.
Because the pouch is of a size and type which would be carried in
a handbag, we find that it is classifiable as an article of a
kind normally carried in the pocket or in the handbag.

HOLDING:

     The merchandise at issue is classified under subheading
4202.32.9550, HTSUSA, as a pouch or similar container, an article
of a kind normally carried in the pocket or in the handbag, with
outer surface of textile materials, other, other, of man-made
fibers, textile category 670, and dutiable at a rate of 20
percent ad valorem.

     Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchandise, 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