HQ 084352: Classification of canopy 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 084352

                                    May 31, 1989


          CLA-2:CO:R:C:G  084352  SR

          CATEGORY:  Classification

          Ms. Anna J. Hettinger
          Expeditors International
          5180 A Smith Road
          Denver, CO. 80216

          RE:  Classification of canopy bags

          Dear Ms. Hettinger:

               This is in reference to your letter dated February 1, 1989,
          requesting tariff classification of canopy bags under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  The item is produced in Taiwan.  No sample was
          submitted.

          FACTS:

               The merchandise at issue is a canopy unit with a duffle bag
          and a carry bag.  The canopy consists of steel frame poles and
          spikes, and nylon tops, panels, screens, carry and duffle bags.
          The top is sold in a carry bag that protects it from becoming
          dirty or torn.  The unit is sold in a carry bag which is used to
          carry all the pieces.  The importer states that the merchandise
          is normally imported and sold as a unit.  Some of the units
          contain side panels and screens and some are sold without.

          ISSUE:

               Whether the carry bag and duffel bag are classified
          separately or as the usual container for the canopy unit.

























                                         -2-

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is governed by the
          General Rules of Interpretation (GRI), taken in order.  GRI 5(a)
          provides that camera cases, musical instrument cases, . . . and
          similar containers, specially shaped or fitted to contain a
          specific article or set of articles, suitable for long-term use
          and entered with the articles for which they are intended, shall
          be classified with such articles when of a kind normally sold
          therewith.

               The importer states that the nylon top is imported and sold
          in a duffle bag that is intended to protect it from becoming
          dirty or torn.  The Explanatory Notes constitute the official
          interpretation of the tariff at the international level.  The
          Explanatory Notes to GRI 5(a) provide that the rule covers
          containers which: (1) are specially shaped or fitted to contain a
          specific article or set of articles, i.e., they are designed
          specifically to accommodate the article for which they are
          intended, (2) are suitable for long-term use, i.e., designed to
          have a durability comparable to that of the articles for which
          they are intended, (3) are presented with the articles for which
          they are intended, whether or not the articles are packed
          separately for convenience of transport, (4) are of a kind
          normally sold with such articles, and (5) do not give the whole
          its essential character.

               According to the importer, the bag is designed to store the
          top to provide protection.  It is made of the same material as
          the top with comparable durability.  The top is imported and sold
          in the bag, and the bag cannot be said to affect the essential
          character of the whole, which is clearly imparted by the top.

               The carry bag is intended to hold the entire canopy unit.
          The bag is designed to hold the canopy unit.  It is made of the
          same material as most of the other pieces with comparable
          durability.  It is imported and sold with the unit and does not
          affect the essential character of the whole.  Both the duffle bag
          and the carry bag are classified with the canopy unit.

               GRI 3(b) provides for goods put up in sets for retail sale.
          The Explanatory Notes to GRI 3(b) states that goods put up in
          sets for retail sale include goods that consist of at least two
          different articles which are, prima facie, classifiable in
          different headings, consist of products or articles put up
          together to meet a particular need or carry out a specific
          activity, and are put up in a manner suitable for sale directly
          to users without repacking.  














                                         -3-

               The canopy sets that are sold together as a unit meet this
          definition of a set and will be classified according to the
          component that imparts the essential character.  We do not have
          enough information on the canopy to determine the essential
          character.  Pieces, such as sides or screens, that are imported
          and sold separately will be classified separately.

          HOLDING:

               The duffle and carry bags at issue are classifiable with the
          canopy unit.  In order to obtain a classification for the canopy
          unit or separate pieces a ruling request with a sample and/or
          complete literature must be supplied.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division









































          6cc: AD.N.Y.
          1cc: Durant
          1cc: Legal Ref.