Request for Ruling on Wine Bottle Bag; For Protecting, Storing and Carrying; Substantial Construction; Heading 4202, HTSUSA; Not Mere Decorative Covering; Not Other Made Up Textile Articles; Heading 6307, HTSUSA

HQ 963393 October 19, 1999 CLA-2 RR:CR:TE 963393 SS CATEGORY: Classification TARIFF NOS.: 4202.92.6091 Joyce Jones, Import Manager American Pacific Enterprises, Inc. 3901 Gantz Road, Suite A Grove City, OH 43123 Re: Request for Ruling on Wine Bottle Bag; For Protecting, Storing and Carrying; Substantial Construction; Heading 4202, HTSUSA; Not Mere Decorative Covering; Not Other Made Up Textile Articles; Heading 6307, HTSUSA Dear Ms. Jones: This is in response to your request dated June 18, 1999, concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a wine bottle bag. A sample of the wine bottle bag was provided with the request. FACTS: The submitted sample is a velvet wine bottle bag. The importer submits that the bag is 70 percent woven cotton and 30 percent polyester exclusive of trim. The wine bottle bag is constructed with an outer layer of high quality heavy weight velvet fabric and two different types of fabric line the bag. The upper one third of the bag is lined with a woven fabric made with a pile that forms a floral motif, while the bottom two thirds of the bag is lined with a non-woven fabric. The velvet fabric is a heavy, thick pile fabric. The upper third of the bag is designed to be folded down exposing the decorative pile fabric with the floral motif. This folded down portion of the wine bag design has the dual function of providing a decorative accent and also results in the upper portion of the bag being four layers thick and thus providing exceptional protection to the neck of the wine bottle against breakage. The wine bottle bag has two cords with tassels on one end which have been sewn into the seam of the bag approximately five inches from the top of the bag. The cord is designed to be tied around the bag and functions to tighten the bag around the neck of the wine bottle sealing the bottle inside the bag and holding the bag firmly against the  neck of the bottle increasing the bag’s protective value. The bag is of a kind normally sold separately at retail. The bag appears to be constructed with good quality fabric and will hold a standard size wine bottle. ISSUE: What is the proper tariff classification for the wine bottle bag? LAW AND ANALYSIS: Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. We find that the wine bottle bag is similar to drawstring bottle bags previously classified by this office. Drawstring bottle bags of textile materials have been classified under both heading 4202, HTSUSA, and heading 6307, HTSUSA, depending on their construction and the purpose(s) for which they are designed. See Headquarters Ruling Letter (HQ) 957464, dated April 18, 1995; HQ 959538, dated November 7, 1996; HQ 960403, dated August 1, 1997; HQ 960367, dated August 6, 1997; HQ 960831, dated January 26, 1998; HQ 960830, dated July 21, 1998; and HQ 963222, dated August 19, 1999. Since heading 6307, HTSUSA, is a residual provision covering textile articles not covered elsewhere in the tariff schedule, we will first examine heading 4202, HTSUSA. 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 sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper. The EN to heading 4202, HTSUSA, state that the heading only covers the specifically named containers and similar containers. Although “bottle cases” are specifically enumerated in the heading, Customs has stated that wine bottle bags are not “bottle cases” as contemplated by the heading. See HQ 960367, HQ 960403, HQ 960830, HQ 960831 and HQ 963222 (cited above). In order to warrant classification under heading 4202, HTSUSA, a bottle bag must be found to share the fundamental characteristics attributable to containers of heading 4202, HTSUSA. In Totes, Inc. v. United States, 18 C.I.T. 919, 865 F. Supp. 867, 871 (1994), aff’d, 14 Fed. Cir. (T) ___, 69 F.3d 495 (1995), the Court of International Trade concluded that the “essential characteristics and purpose of Heading 4202 exemplars are. . . to organize, store, protect and carry various items.” With respect to the broad reach of the residual provision for “similar containers” in heading 4202, HTSUSA, the Court found that the rule requires only that the imported merchandise possess the essential character or purpose running through all of the enumerated exemplars. Thus, we must determine whether or not the wine bottle bag is for organizing, storing, protecting and carrying various items. Several Headquarters Rulings Letters describe wine bottle bags which have been determined to be for protecting, storing, and carrying wine bottles. In each ruling, Customs found that the construction of the bottle bags ensured that they would be used as “protective packing”. In HQ 960367 (cited above), Customs classified a “drawstring cooler sack” imported with a bottle of champagne under heading 4202, HTSUSA. The cooler sack consisted of various layers of material: an exterior layer of nylon fabric, a layer of man-made fiber for insulation, a layer composed of two layers of plastic sheeting combined with a glass fiber scrim, and an innermost layer made of plastic metalized with aluminum. Customs held that the purpose of the cooler sack was to provide protection against breakage of the bottle, insulate the bottle and keep it at a desired temperature, and secure a means by which to carry the bottle. In HQ 960403 and HQ 963222 (cited above), Customs classified wine bottle bags composed of thick velveteen fabric (pile fabric) under heading 4202, HTSUSA. Customs stated that the pile fabric construction provided an added cushion of protection for the wine bottle in the event of any sudden blows to the encased bottle. In each case, Customs found that the purpose of the bags was to provide protection against breakage of the bottle and to secure a means by which to carry the bottle. Accordingly, wine bottle bags of durable construction made with quality materials which insulate or protect a bottle will be considered to be for protecting, storing and carrying a wine bottle. Furthermore, Customs has stated that the substantiality of the container is a pertinent consideration in determining whether a wine bottle bag is classified in heading 4202, HTSUSA. See HQ 957464, HQ 960831 and HQ 960830 (cited above). The rationale is that substantial containers are more likely to be used for carrying purposes and are better able to protect their contents. The term "substantial" in this context refers not only to the material composition of the article, but also to whether it has been designed for repetitive use. Substantial bottle bags are classified in heading 4202, HTSUSA. The instant wine bottle bag possesses properties similar to the bottle bags classified under heading 4202, HTSUSA. The wine bottle bag is of strong and durable construction. The sturdy construction of the bag ensures that it will be used as protective packing not only for one wine purchase, but for any future wine purchases. The thick pile fabric comprising the wine bottle bag provides an added cushion of protection for the wine bottle in the event of any sudden blows to the bottle. The wine bottle bag provides double thickness protection to the bottle when the top of the bag is folded down to reveal the floral motif fabric. The wine bottle bag at issue is substantial in the sense that it is designed for travel and to protect, store and carry its contents. Although the wine bottle bag functions as an attractive means for presenting its contents, the bag is designed for re-use and is not designed principally as an alternative for gift wrapping or merely a decorative cover for a wine bottle. The bag is constructed of materials durable enough to indicate it is intended to be used as more than a mere storage bag. Furthermore, the wine bottle bag’s durability is inconsistent with use as a gift bag. We find that the purpose of the bag is to: 1) provide protection against breakage of the bottle; and 2) secure a means by which to carry the bottle. Thus, the instant wine bottle bag is for protecting, storing, and carrying a wine bottle and is properly classified under heading 4202, HTSUSA. Additionally, the EN to heading 4202, HTSUSA, excludes certain containers which are not specially shaped or fitted. Customs regards this requirement as a relevant consideration when classifying merchandise at the periphery of the heading. See HQ 960830, HQ 960831 and HQ 963222 (cited above). Containers which are specially shaped or fitted are better suited for organizing and storing merchandise. Customs has stated that although there is no requirement that bags or similar containers of the second part of heading 4202, HTSUSA, be specially shaped or fitted, it is indicative of a 4202, HTSUSA, classification rather than a classification in 6307, HTSUSA. See HQ 960830 and HQ 960831 (cited above). Several of the wine bottle bags classified under heading 4202, HTSUSA, have had a separate circular shaped piece of fabric which formed the bottom of the bottle bags. See HQ 960367 and HQ 963222 (cited above). However, we also note that wine bottle bags which did not have a separate piece of fabric which formed the bottom of the bag have also been classified in heading 4202, HTSUSA, due to the protective nature of the bags. See HQ 960403 (cited above). Accordingly, we do not find the lack of the separate piece of fabric which forms the bottom of the bag to be determinative in this case. The specially shaped bottom is merely a factor which weighs in favor of classification under heading 4202, HTSUSA. Thus, given the prior determination that the wine bottle bag is for protecting, storing and carrying, we find that the lack of the specially shaped bottom does not preclude classification under heading 4202, HTSUSA, in this particular case. Having determined that the wine bottle bag is classified under heading 4202, HTSUSA, a discussion of heading 6307, HTSUSA, is not necessary. However, in order to facilitate understanding of the types of wine bottle bags that are classified under heading 4202, HTSUSA, as opposed to heading 6307, HTSUSA, we will address the reasons why the wine bottle bag is excluded from heading 6307, HTSUSA.  As stated previously, heading 6307, HTSUSA, provides for other textile articles not more specifically provided for elsewhere in the tariff schedule. The EN to heading 6307, HTSUSA, state in pertinent part that the provision includes: domestic laundry or shoe bags; stocking, handkerchief or slipper sachets; pajama or nightdress cases; and garment bags other than those of heading 4202, HTSUSA. Drawstring wine bottle bags are similar to exemplars such as laundry bags and shoe bags in that they may take the form of drawstring bags. The EN to heading 6307, HTSUSA, also state that travel bags and all similar containers of heading 4202, HTSUSA, are excluded from the heading. As stated above, the wine bottle bag at issue is a similar container of heading 4202, HTSUSA, and is thus excluded from classification in heading 6307, HTSUSA. Furthermore, we find that the instant wine bottle bag is distinguishable from the wine bottle bags described as “decorative coverings” classified under heading 6307, HTSUSA. See HQ 960831 and HQ 960830 (cited above). In HQ 960831, the wine bottle bag at issue was a decorative drawstring bag comprised of thin satin woven fabric. The bag did not feature any cushioning, insulation or interior lining. In HQ 960830 (cited above), the wine bottle bag at issue had an exterior surface covered with nylon textile flock and was decorated by a strip of white faux fur sewn around the top circumference of the bag. In both cases, Customs stated that the construction and appearance of the bags as a whole ensured that they would be used as decorative rather than protective packing for bottles. Furthermore, emphasis was placed on the fact that the bags were principally designed as alternatives to gift wrapping and functioned as an attractive means for presenting their contents. The instant wine bottle bag is distinguishable in that it provides added cushioning or insulation and is not principally designed as an alternative to gift wrapping. The wine bottle bag will be used as protective packaging or as a convenient method of carrying a bottle of wine. Accordingly, we find that the instant wine bottle bag is properly classified under heading 4202, HTSUSA. HOLDING: The subject merchandise is classifiable under subheading 4202.92.6091, HTSUSA, which 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 sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper: other: with outer surface of sheeting of plastic or textile material: other: of cotton; other. The general column one duty rate is 6.8 percent ad valorem and the quota category is 369. 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 (Restrain Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division