HQ 950011

December 3, 1991

CLA-2 C:O:R:C:T 950011 SK

CATEGORY: Classification

TARIFF NO.: 4202.99.0000

District Director

U.S. Customs Service

909 First Avenue, Rm. 2039

Seattle, WA 98174

RE: Decision on Application for Further Review of Protest No.

3001-91-100714 on classification of plastic globe carrying

case; 4202, HTSUSA

Dear Sir:

This is a decision on application for further review of

protest number 3001-91-100714 timely filed on behalf of Kerr-Hays

Company, Inc., on June 20, 1991, against your decision regarding

the classification of an item identified as a plastic globe

carrying case. All entries were liquidated on May 17, 1991.

FACTS:

The submitted sample is a molded plastic carrying case which

simulates a globe. The item is identified as C-8983 and is

called \"The World Globe\".

Item C-8983 is manufactured of a molded plastics material in

the shape of a globe. The surface area, which is applied by

means of a painting and masking process, has raised continents

and land masses set against blue plastic representing the

oceans. It has a molded plastic handle on the top, is hinged in

the middle and secures by means of a tuck clasp. The globe is

marketed as part of an educational set called the \"Little

Learners Library\" which is a compilation of books for young

children. The books are not imported with the \"The World Globe\".

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ISSUE:

Is the submitted article properly classifiable under heading

4202 of the Harmonized Tariff Schedule of the United States

Annotated (HTSUSA)?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed

by the General Rules of Interpretation (GRI\'s). GRI 1 requires

that classification be determined according to the terms of the

headings and any relative section or chapter notes and, unless

otherwise required, according to the remaining GRI\'s. Where

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\'s may be applied, taken in order.

Several competing headings have been suggested as the

appropriate provision for the article at issue, namely 3923,

4905, 9503 and 4202, HTSUSA.

Heading 3923, HTSUSA, is the heading under which the

protestant claims classification is most appropriate for this

article. This heading provides for plastic articles for the

conveyance or packing of goods. The Explanatory Notes (EN) to

heading 3923 state that this provision covers \"all articles of

plastics commonly used for the packing or conveyance of all kinds

of products\" \[emphasis added\]. The articles listed in the EN

include plastic boxes, crates and similar articles and are items

commonly used to convey goods in the strictest sense of the word.

The subject merchandise is not of the type commonly used to pack

or convey products, at least not in the same capacity as the

enumerated examples in this heading. The submitted sample is

extraordinary in shape and design and is to be carried on one\'s

person or used to store goods. It is not similar to the

containers which are the subject merchandise of the Headquarter

Ruling Letters (HRLs) cited in Kerr-Hayes\' protest (i.e., HRLs

082698, 082988, 083600 and 084657 dealing with plastic contact

lens case, plastic powder box, lipstick compact and empty

cosmetic compact respectively). The submitted sample is a

personal carrier and an article to store goods; it is not the

sort of plastic article commonly used to convey or pack products

and therefore classification is not proper under this provision

of the Nomenclature.

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Heading 4905, HTSUSA, provides for, inter alia, maps and

globes. Classification is not proper under this provision

because EN (f) to heading 4905 excludes relief globes from this

provision. The land masses illustrated on the submitted article

are slightly raised. You contend that this elevation is not in

relief as within the definition set forth in the Random House

Dictionary of the English Language, Second Edition, 1987, which

defines relief as \"the difference in elevation and slope between

the higher and lower parts of the land surface of a given area\".

This is a rather limited definition. Webster\'s New Collegiate

Dictionary, 1977, defines relief as \" a mode of sculpture in

which forms and figures are distinguished from a surrounding

plane surface\". The article at issue is in relief according to

the latter definition and therefore is not classifiable as a

globe under heading 4905, HTSUSA.

Furthermore, the EN to this heading require that globes be

printed for classification to be proper under this provision.

The subject merchandise contains no printing and is not

classifiable under heading 4905, HTSUSA.

Heading 9503, HTSUSA, provides for, inter alia, toys. It is

suggested that the article at issue is an educational toy

inasmuch as it will contain childrens\' books, it has met consumer

safety specifications on toy safety as set forth by the American

Society for Testing and Materials (ASTM), and great pains were

taken to ensure the geographical accuracy of the globe. The

books will not be imported with the globe, however, and

notwithstanding the accuracy of the globe, or the fact that it

has been deemed \"safe\" by the ASTM, it is nevertheless Customs\'

opinion that the submitted article is not a toy, but rather a

container which is intended to carry or store children\'s books.

Heading 4202, HTSUSA, provides for, in part, trunks, suit-

cases, vanity cases, briefcases, school satchels \... and

similar containers. As mentioned supra, the article at issue is

a specially shaped carrying case designed to be carried with the

person as well as used for storage. It is not more specifically

provided for in other chapters of the tariff schedule and is

properly classifiable under heading 4202, HTSUSA. In your

protest, you noted that the EN to heading 4202, HTSUSA, mandate

that all plastic items listed after the semi-colon in this

provision be made of plastic sheeting. While this is true, the

submitted sample is properly classifiable in the first part of

heading 4202, HTSUSA, and the EN expressly state that \"articles

covered by the first part of the heading may be of any material.

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HOLDING:

The submitted article is classifiable under subheading

4202.99.0000, HTSUSA, which provides for trunks, suitcases,

vanity-cases, briefcases, school satchels, spectacle cases,

binocular cases, camera cases, musical instrument cases, gun

cases, holsters and similar containers; other, dutiable at a rate

of 20% ad valorem.

Due to the changeable nature of the statistical annotation

(the ninth and tenth digits of the classification), and the

restraint (quota/visa) categories, your client should contact its

local Customs office prior to importing the merchandise to

determine the current applicability of any import restraints or

requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division