HQ 084425: Tariff classification of professional chef's tools storage knife rolls produced in Taiwan or Korea

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 084425

                                    June 20, 1989

          CLA-2  CO:R:C:G 084425 DC

          CATEGORY: Classification

          TARIFF NO.: 4202.92.9020

          Mr. Bernd Dressler
          C.E.O.
          Dressler American Marketing Co.
          408 Bryant Circle, Suite A
          Ojai, California 93023

          RE: Tariff classification of professional chef's tools storage
              knife rolls produced in Taiwan or Korea

          Dear Mr. Dressler:

                Your letter dated March 24, 1989, addressed to our Los
          Angeles office concerning the tariff classification of knife
          rolls, has been referred to this office for a direct reply to
          you. Samples were submitted for examination.

          FACTS:

                Sample No. 1066/7 is a flat roll without a handle which
          will accommodate 7 pieces of cutlery. It measures approximately
          19-1/4 inches in length and 6 inches in width. It has 2 Velcro
          type closures.

                Sample No. 1066/9 is a shaped roll having a handle which
          will accommodate 9 pieces of cutlery. It measures approximately
          20 inches by 6-1/2 inches by 2-1/2 inches.  It has two buckle-
          release type closures.

                Sample No.1066/12 is a flat roll having a handle which will
          accommodate 12 pieces of cutlery. It measures approximately 20
          inches in length and 7 inches in width. It has a snap-fastener
          type of closure.

                Sample No.1066/14 is a flat bag having handles which will
          accommodate 14 pieces of cutlery. It measures approximately 20
          inches in length and 12 inches in width. This item has a zippered
          closure.

















                                         -2-


                The samples are composed of man-made fibers and are said to
          be used by cooks and chefs to store their personal cutlery and
          tools at the end of their shift. However, the samples are of a
          type of container which could be used for travel noting that
          their appearance is somewhat decorative.

                It is your position that merchandise represented by the
          samples is classifiable under subheading 6307.90.9030, Harmonized
          Schedule of the United States Annotated (HTSUSA), as other made
          up articles of textile materials, other, with duty at the rate of
          7 percent ad valorem.

          ISSUE:

                Are the knife rolls and bag within the purview of the term
          "cutlery cases and similar containers"?

          LAW AND ANALYSIS:

                Heading 4202, HTSUSA, provides for trunks, suitcases,
          vanity cases, attache cases, briefcases, school satchels,
          spectacle cases, binocular cases, camera cases, musical
          instrument cases, gun cases, holsters and similar containers;
          traveling bags, toiletry bags, knapsacks and backpacks, handbags,
          shopping bags, wallets, purses,  map cases, cigarette cases,
          tobacco pouches, tool bags, sports bags, bottle cases, jewelry
          boxes, powder cases, cutlery cases and similar containers, of
          leather or of composition leather, of plastic sheeting, of
          textile materials, of vulcanized fiber, or of paperboard, or
          wholly or mainly covered with such materials.

                  Webster's New World Dictionary of the American Language
          (1968), defines the word "case" as follows:

                        1. A container, as a box, crate, chest, sheath,
                        folder, etc. 2. a protective cover or covering
                        part: as, a watch case.

                It is our view that the samples are clearly within the
          purview of the term "cutlery cases and similar containers" as
          used in heading 4202, HTSUSA. Consequently, they are classifiable
          under subheading 4202.92.9020, HTSUSA, as cutlery cases and
          similar containers, of textile materials, other, other, other,
          with outer surface of textile materials, other, of man-made
          fibers.
















                                         -3-


          HOLDING:

                The knife rolls and bag are classifiable under subheading
          4202.92.9020, HTSUSA, with duty at the rate of 20 percent ad
          valorem. The applicable textile category is 670.

                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 restrictions or
          requirements.

                                     Sincerely,



                                     John Durant, Director
                                     Commercial Rulings Division











































          6cc AD NY Seaport
          1cc Dist Dir Los Angeles
          1cc Kevin Gorman NY Seaport
          1cc Leland Perkins LA Seaport
          1cc John Durant
          1cc Legal Reference