HQ 084257: Tariff classification of textile shoe 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 084257

                                    July 18, 1989


          CLA-2 CO:R:C:G 084257 JLJ, 838574

          CATEGORY: Classification

          TARIFF NO.: 6307.90.9030

          Ms. Mary Murphy
          Customs Coordinator
          Reebok International Ltd.
          150 Royall Street
          Canton, Massachusetts  02021

          RE: Tariff classification of textile shoe bags

          Dear Ms. Murphy:

               You requested a tariff classification for a textile shoe bag
          from South Korea.  You submitted a sample with your request.

          FACTS:

               The instant shoe bag is a textile pouch made of 65 percent
          polyester and 35 percent cotton.  Each shoe bag will contain one
          golf shoe.  The word "Reebok" is marked on one side of the pouch
          in letters which are approximately 2/3 to 3/4 inches high.  The
          bag has a drawstring closure at one end.  The bag has been cut
          and sewn to fit a golf shoe.  Each pair of golf shoes is imported
          with two shoe bags, one for each shoe.

          ISSUE:

               What is the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA) classification of this shoe bag?

          LAW AND ANALYSIS:

               You suggest classifying the shoe bags along with the golf
          shoes with which they are imported as packaging.  General Rule of
          Interpretation (GRI) 5, HTSUSA, reads as follows:

                     5.  In addition to the foregoing provisions, the
                         following rules shall apply in respect of the
                         goods classified therein.

                         (a) Camera cases, musical instrument cases, gun
                             cases, drawing instrument cases, necklace
                             cases and similar containers, specially shaped












                                         -2-


                             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 there-
                             with.  This rule does not, however, apply to
                             containers which give the whole its essential
                             character.

                         (b) Subject to the provisions of rule 5(a) above,
                             packing materials and packing containers
                             entered with the goods therein shall be
                             classified with the goods if they are of a
                             kind normally used for packing such goods.
                             However, this provision does not apply when
                             such packing materials or packing containers
                             are clearly suitable for repetitive use.

          These shoe bags are not the type of containers which are normally
          sold with or used for packing shoes.  Shoe boxes are normally
          sold with and used for packing shoes.  Inasmuch as GRI 5(a) and
          5(b) specify that packing containers must be the type normally
          sold with or used for packing the item, the shoe bags cannot be
          classified as packing.

               You also suggest classification as other made up textile
          articles in Heading 6307.  The Explanatory Notes for Heading 6307
          state: "This heading covers made up articles of any textile
          material which are not included more specifically in other
          headings of Section XI or elsewhere in the Nomenclature.  It
          includes, in particular...(5) Domestic laundry or shoe bags,
          stocking, handkerchief or slipper sachets, pajama or nightdress
          cases and similar articles."  We find that the instant shoe bag
          is classified under the provision for other made up articles,
          including dress patterns: other: other: other, in subheading
          6307.90.9030, HTSUSA, dutiable at the general rate of 7 percent
          ad valorem.

          HOLDING:

               The shoe bag is classified in subheading 6307.90.9030,
          HTSUSA.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division











          jones library 084257JLJ
          6cc: A.D. N.Y. Seaport (NIS-346 and NIS-349)
          JLJohnson:tj:typed 07/10/89 final 7/18/89