HQ 951486

June 12, 1992

CLA-2 Co:R:C:T 951486 JED

CATEGORY: Classification

TARIFF NO.: 9605.00.0000

Chief

National Import Specialist, Branch 1

New York Seaport

New York, New York 10048

RE: Classification of a travel set for personal toilet

Dear Mr. Slomovitz:

This is in reply to your memorandum of March 25, 1992 (CLA-

2-96: S:N:N1:263-871885a), wherein you request our ruling on the

proper classification for a \"three pocket toilet/travel bag.\"

FACTS:

In response to a request for classification of two travel

toilet sets, you issued NY 871885 (March 25, 1992), classifying

one of the sets as follows.

\[The bag has\] an exterior which is made of 100 percent

cotton and a lining of PVC.

The Toilet Travel Set possesses two (2) clear plastic

side compartments of equal size, each with a zippered

closure. The overall dimensions are approximately 10

inches in length, 3 inches wide at the bottom tapering

to approximately 3/4 inch at the top, with a height of

approximately 6 3/4 inches. This bag has two snaps for

closing the top as well as two textile handles for

carrying.

Inside one of the compartments in a separate plastic

container are six empty plastic containers capable of

holding personal toilet articles such as soap, perfume,

powder, toothbrush, toilet water, make-up, etc.

The applicable subheading for the Toilet Travel Set

will be 9605.00.0000, Harmonized Tariff Schedule of the

United States (HTS), which provides for travel sets for

personal toilet, sewing or shoe or clothes cleaning.

The duty rate will be 8.1 percent ad valorem.

-2-

The bag you have referred to us for classification is

described as follows. The exterior of the bag is of 100% cotton

material and is lined with polyvinyl chloride (PVC). The bag is

12 1/2\" long x 7 1/2\" high and when standing,\'rests on a 3\"

bottom tapering to 3/4\" at the top (all measurements

approximate). The bag has a 3-sided zipper closure and two

fabric loop handles. The interior of the bag is divided down the

middle by an attached clear plastic pouch with a top zipper

closure. The outside of the pouch is distinguished by four

pockets, two on each side, capable of containing small items.

There is also an unattached plastic pouch with a zipper closure

containing a plastic toothbrush holder, plastic soap box, small

plastic bottle with screw top and a small plastic jar with screw

top.

Your expressed concerns over the classification of this bag

are that \"the essential character of the toilet set would be the

content with simply a one pocket bag holding such content\"

\[emphasis in original\], and that the bag in question is

\"comparatively large\" and gets its essential character from the

three pocket bag, not from the plastic containers therein.

ISSUE:

Is the merchandise described a travel toilet set

classifiable in Heading 9605, HTSUSA, a travel bag of Heading

4202, HTSUSA, or classifiable in various headings according to

its constituent pieces?

LAW AND ANALYSIS:

The General Rules of interpretation (GRI\'s) taken in their

appropriate order provide a framework for classification of goods

under the Harmonized Tariff Schedule of the United States

Annotated (HTSUSA). The majority of imported goods are

classified by application of GRI 1, that is according to the

terms of the headings of the tariff schedule and any relative

Section or Chapter Notes. Further, the Explanatory Notes (EN\'s)

to the Harmonized Commodity Description and Coding System, which

are 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\'s. Customs believes the EN\'s should always be consulted

(see T.D. 89-80).

Heading 9605 reads as follows:

9605.00.0000 Travel sets for personal toilet, sewing or shoe or

clothes cleaning (other than manicure and pedicure

sets of heading 8214)

The EN\'s at 96.05 (pg. 1604) state in pertinent part:

-3-

The heading covers certain travel sets consisting of

articles individually falling in different headings of

the Nomenclature or consisting of \~ifferent articles of

the same heading.

The heading includes:

\(i\) Toilet Sets, presented in a case of leather,

fabric or plastics, containing, e.g., moulded

plastic boxes, brushes, a comb, scissors,

tweezers, a nail file, a mirror, a razor holder

and manicure instruments.

\* \* \*

The travel set in question consists of articles falling in

different headings of the nomenclature, i.e., travel bags and

articles of plastics. It further meets the EN concerning toilet

sets in that the set is presented in a case of fabric and

contains among its items moulded plastic boxes.

Neither the heading itself, nor the EN\'s, include any

restrictions on the size of the outer container of a travel

toilet set or on the number of pockets or compartments into which

the interior of that container may be divided. The size of the

bag in question is not so large as to make it unwieldy for travel

purposes. The interior volume of the bag in excess of that which

is necessary to accommodate the plastic containers supplied with

the bag is not unreasonable and makes it capable of holding some

additional articles to suit a traveler\'s personal toilet needs.

The fact that the plastic pouch in this bag was attached to

the middle of the bag thereby creating three compartments, as

opposed to attaching the pouch to one side resulting in only two

compartments, or simply having an unattached pouch inside the bag,

is not a factor removing this travel toilet set from the coverage

of Heading 9605. Prior rulings have not considered

multiple compartments in a toilet travel bag a disqualifying

factor. For example, NY 863956 (July 1, 1989), classified a

cotton lace travel case with three zippered compartments and

assorted contents in Heading 9605.00.0000, HTSUSA.

-4-

The bag and contents described above constitute a travel set

for personal toilet and are classified in Heading 9605.00.0000,

HTSUSA.

Sincerely,

John Durant, Director

Commercial Rulings Division