HQ 955816: Classification of a "pet bag"; Heading 4202; travel, sports and similar bags

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 955816

                          May 19, 1994




CLA-2  CO:R:C:T  955816 CC

CATEGORY:  Classification

TARIFF NO.: 4202.92.1500

Vance McFarland
Import Specialist
Tower Group International, Inc.
821 Second Avenue, #1400
Seattle, Washington 98104-1476

RE:  Classification of a "pet bag"; Heading 4202; travel, sports
     and similar bags

Dear Mr. McFarland:

     This letter is in response to your inquiry, dated January 13,
1994, on behalf of HTP International Company, Ltd., requesting the
tariff classification of a "pet bag."  A sample was submitted for
examination.

FACTS:

     The submitted sample, designated by you as a pet bag, is a
carrying bag composed of 100 percent woven cotton fabric.  The item
is unlined and measures approximately 14+ inches by 6+ inches with
4-inch gussets.  There are two webbed textile loops measuring
approximately 4 inches in length sewn to each top side of the bag. 
It is secured by means of a textile zippered closure that spans the
entire top width of the bag.  You state that the bag is designed
to carry a pet's accessories, such as food, collars, etc.  

ISSUE:

     Whether the merchandise at issue is classifiable as travel,
sports and similar bags in Heading 4202 of the Harmonized Tariff
Schedule of the United States Annotated (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 traveling bags, sports bags
and similar containers, among other articles.  Subheading 4202.92,
HTSUSA, includes travel, sports and similar bags with an outer
surface of textile materials.  Additional U.S. Note 1 to 
Chapter 42 states the following:

     For the purposes of heading 4202, the expression
"travel, sports and similar bags" means goods, other than
those falling in subheadings 4202.11 through 4202.39, of
a kind designed for carrying clothing and other personal
effects during travel, including backpacks and shopping
bags of this heading, but does not include binocular
cases, camera cases, musical instrument cases, bottle
cases and similar containers. 

     The design features and characteristics of the bag are similar
to those of articles classified as travel, sports and similar bags;
the bag contains no special features that indicate it is intended
for use by pets or for use for pet accessories.    Indeed, the
subject merchandise is a bag that could be used by a person for
travel, and by its design appears to be intended for such use. 
Consequently, the subject merchandise is classifiable as a travel,
sports and similar bag in subheading 4202.92, HTSUSA.

HOLDING:

     The merchandise at issue is classified under subheading
4202.92.1500, HTSUSA, which provides for travel, sports and similar
bags: with outer surface of textile materials: of vegetable fibers
and not of pile or tufted construction: of cotton.  The rate of
duty is 7.2 percent ad valorem, and the textile category is 369.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) 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.   

     The designated textile and apparel category may be subdivided
into parts.  If so, visa and quota 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 that you check, close to the time
of shipment, the Status Report On Current Import Quotas (Restraint
Levels), an internal issuance of the U.S. Customs Service, which
is available for inspection at your local Customs office.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division