us-cbp-cross-rulings-hq-085527•HQ 085527: Luggage set
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 085527
December 21, 1989
CLA-2 CO:R:C:G 085527 DFC
CATEGORY: Classification
TARIFF NO.: 4202.12.6000
Robert L. Follick, Esq.
Follick & Bessich, P.C.
Attorneys at Law
225 Broadway, Suite 500
New York, New York 10007
RE: Luggage set
Dear Mr. Follick:
In a letter dated August 25, 1989, you inquired as to the
tariff classification of a luggage set made in Thailand. A
sample set has been submitted for examination.
FACTS:
The set consists of a 46" garment bag, a 21" overnighter,
a 14" flight bag, a 24" pullman, an 11" accessory kit and an
18" duffel roll bag. The outer surfaces of these pieces
consist of a jute/polypropylene blended woven fabric, a woven
nylon fabric and a plastic zipper.
It has been suggested that the set is classifiable under
subheading 4202.12.8070, Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), as trunks, suitcases, vanity
cases, attache cases, briefcases, school satchels and similar
containers, with outer surface of textile materials, other,
other, of man-made fibers, with duty at the rate of 20 percent
ad valorem. The applicable textile category for this provision
is 670.
-2-
You maintain that the set is properly classifiable under
subheading 4202.12.6000, HTSUSA, as trunks, suitcases, vanity
cases, attache cases, briefcases, school satchels and similar
containers, with outer surface of textile materials, of
vegetable fibers and not of pile or tufted construction, other,
with duty at the rate of 6.5 percent ad valorem. The applicable
textile category under this provision is 870.
ISSUE:
1. Does the blended fabric which is approximately 65
percent jute and 35 percent polypropylene by weight constitute
the essential character of the set?
2. Is classification of the set mandated solely by the
composition of the fabric which imparts its essential character
regardless of the presence of other fabrics?
LAW AND ANALYSIS:
It is clear that the merchandise constitutes a set for
tariff purposes and that the suitcase imparts the essential
character to the set pursuant to General Rule of Interpretation
(GRI) 3(b), HTSUSA.
The suitcase is a composite article since it consists of a
woven jute/polypropylene fabric, a nylon woven fabric and a
plastic zipper. The classification of composite articles is
governed by GRI 3(b), HTSUSA, which provides as follows:
3. When, by application of rule 2(b) or for
any other reason, goods are, prima facie,
classifiable under two or more headings,
classification shall be effected as follows:
(b) Mixtures, composite goods consisting of
different materials or made up of different
components, and goods put up in sets for retail sale
which cannot be classified by reference to 3(a),
shall be classified as if they consisted of the
material or component which gives them their
essential character, insofar as this criterion is
applicable.
-3-
In addition, Note 2(A), Section XI, HTSUSA, which is
relevant here states:
Goods classifiable in Chapters 50 to 55 or
in heading 5809 or 5902 and of a mixture of
two or more textile materials are to be classified
as if consisting wholly of that one textile
material which predominates by weight over each
other single textile material.
Subheading Note 2(B)(a) continues that for the application
of Subheading Note 2(A), where appropriate, "only the part
which determines the classification" under GRI 3 shall be taken
into account.
Based on the foregoing, it is our position that only that
portion of the outer surface which imparts the essential
character may be taken into consideration in determining the
classification of the suitcase.
With respect to determination of essential character the
Explanatory Note to GRI 3(b) reads in pertinent part as
follows:
(VIII) The factor which determines essential character
will vary as between different kinds of goods. It may,
for example, be determined by the nature of the material,
its bulk, quantity, weight, or value, or by the role of a
constituent material in relation to the use of the goods.
A visual inspection of the outer surfaces of the suitcase
persuades us that the blended fabric consisting of jute and
polypropylene impart its essential character. We base this
conclusion on the observation that the blended fabric
predominates by far the outer surface covered. We note
especially that the nylon fabric plays a decorative role
and is subservient to the role played by the blended fabric.
Inasmuch as the jute in the blended fabric predominates by
weight over the polypropylene, the essential character of the
suitcase is imparted by the jute.
-4-
HOLDING:
The luggage set is classifiable under subheading
4202.12.6000, HTSUSA, as trunks, suitcases, vanity cases,
attache cases, briefcases, school satchels and similar
containers, with outer surface of textile materials, of
vegetable fibers and not of pile or tufted construction, other,
with duty at the rate of 6.5 percent ad valorem. The
applicable textile category for this provision is 870.
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 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
issuance of the U.S. Customs Service, which is updated weekly
and is available at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc AD N.Y. Seaport
1cc Kevin Gorman NY Seaport
cahill library/peh
085527
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