HQ 950565: CD Carrying Case; net weight determination

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 950565
                       February 21, 1992




CLA-2  CO:R:C:T  950565  JS

CATEGORY:  Classification

Louis Shoichet
David A. Eisen
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, NY 10036

RE:  CD Carrying Case; net weight determination

Dear Messrs. Shoichet and Eisen:

     This is in reference to your letter of October 17, 1991, on
behalf of Avon Products, Inc., requesting clarification of New
York Ruling Letter (NYRL) 867317.  That ruling concerned the
classification of a cassette disk carrying case.

FACTS:

     The merchandise at issue is a cassette disk carrying case
with a rigid compartmentalized insert/tray, which is to be
imported and sold with the case.  NYRL 867317 (issued to your
client September 30, 1991) classified the article under
subheading 4202.92.9020, HTSUSA, which is currently subject to
quota category 670-L.  Importer requests a determination as to
whether the net weight, for quota reporting purposes, includes
the rigid compartmentalized insert/tray with which the case will
be imported and sold.

     Heading 4202.92.9020, provides for trunks...binocular cases,
camera cases...and similar containers, with outer surface of
textile materials.  You assert that the basis for such
classification should be consideration of this merchandise as a
set under GRI 3(b); in addition, you cite VBT 89-64 (May, 1989)
as authority to include only the textile component in the
determination of net weight for quota reporting purposes.






                              2


ISSUE:

     Whether the weight of the plastic insert is included in the
determination of net weight for quota purposes.

LAW AND ANALYSIS:

     GRI 3(b), which classifies composite goods, is applicable in
this case since virtually all carrying cases of this type are
imported with some features which may be removed, such as
shoulder straps, trays and other accommodating inserts; these
removable parts, however, are considered an integral part of the
carrying case and are not, prima facie, classified separately
when imported as an entirety.  The circular holes on the bottom
of the plastic tray, to be used for hanging the tray as you
suggested, are not significant in the above considerations.

     Customs Directive VBT 89-64 resolves the determination of
net weight to be shown on visa stamps for goods which are
classified under GRI 3(b).  It states that when an article is
classified under a single classification number, the weight of
the article of textile for visa purposes is the weight of the
item as it is to be used (packaging materials such as plastic
wrappers, tissue paper, cardboard, pins and hangtags are to be
excluded when determining visa weight).  Several examples of
textile items that would fall under a single HTS number were
given, along with a statement as to how net weight is to be
determined.  The relevant examples given are the following:

          Wallets - photo and credit card holders, etc., plus the
                    wallet itself

          Needlecraft set (whether or not containing nontextile
          accessories) - the total net weight of the components
                         in the set.

It is clear, in this instance, that the goods at issue, a CD
carrying case with a plastic insert which organizes the CDs to
be carried, is similar to the items listed above.  Like a wallet
which has photo and credit card holders to organize the intended
contents of the wallet, the CD carrying case is intended to be
used with the plastic insert which will organize the CDs.  The
same analogy applies to the needlecraft set which also has
various components which are intended to be used in conjunction
with the set.  Therefore, it is clear that a single HTS number is
applicable to the subject goods, and that net weight is to be
determined by weighing the plastic insert/tray with the textile
case.


                              3

HOLDING:

     The net weight for visa and quota reporting purposes of the
CD carrying case in this instance, is the weight of the plastic
insert/tray and the textile carrying case together.

     Please call Julie Stermasi of this office at (202) 566-8181
if you have any further questions.


                                   Sincerely,




                                   John Durant, Director
                                   Commercial Rulings Director