HQ 086049: Vinyl pouches

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 086049

                                   April 11, 1990



          CLA-2:CO:R:C:G  086049  SR

          CATEGORY:  Classification

          TARIFF NO.:  3926.90.9000

          Mr. Peter J. Fitch
          Fitch, King and Caffentzis
          116 John Street
          New York, N.Y. 10038

          RE: Vinyl pouches

          Dear Mr. Fitch:

               This is in reference to your letter dated November 27, 1989,
          requesting the classification of vinyl pouches under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Samples were submitted for examination.  It is assumed
          for the purpose of this reply that the pouches are the product of
          a country entitled to the General Rates of Duty.

          FACTS:

               The merchandise at issue consists of vinyl pouches.  The
          pouches are of various sizes and shapes and are used to hold
          purchases of jewelry or bottles of cologne.  They are given to
          the purchaser at the point of purchase to protect the items while
          being transported home from the store.

          ISSUE:

               What is the classification of the pouches at issue?

          LAW AND ANALYSIS:

                  Classification of goods under the HTSUSA is governed by
          the General Rules of Interpretation (GRI), taken in order.  




















                                         -2-

          GRI 5(a) provides the following:

               Camera cases, musical instrument cases, gun cases, drawing
               instrument cases, necklace 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.  This rule does not, however, apply to containers
               which give the whole its essential character.

               The merchandise at issue does not meet these qualifications.
          The pouches are not entered with the items that they are intended
          to carry.  They are not fitted to contain a specific article.
          Similar pouches are used to carry a variety of other types of
          merchandise.

               Heading 3926, HTSUSA, provides for other articles of
          plastics.  The Explanatory Notes constitute the official
          interpretation of the tariff at the international level.  The
          Explanatory Notes to heading 3926, HTSUSA, state that this
          heading covers articles not elsewhere specified or included, of
          plastics.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          3926.90.9000, HTSUSA, which provides for other articles of
          plastics, other, other.  The rate of duty is 5.3 percent ad
          valorem under the General duty rate column.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division


























          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference