HQ 951650

April 6, 1993

CLA-2 CO:R:C:F 951650 ALS

TARIFF NO.: 4202.99.1000

Ms. Renee I. Abend

Davies, Turner and Company

90 Washington St.

New York, New York 10006

RE: Reconsideration of District Ruling 871196, dated February

23, 1992, as to a Watch Box Made of Molded Plastics Material

Covered with Paper, DD 871196 Modified

Dear Ms. Abend:

In the referenced letter you were advised that the subject

watch boxes were classifiable under subheading 3926.90.9090,

Harmonized Tariff Schedule of the United States Annotated

(HTSUSA) as other articles of plastics and articles of other

materials of headings 3901 to 3914. A change to heading 4202 has

caused us to reconsider the result reached in that ruling which

was issued by our Miami, Florida District Office.

FACTS:

The article under consideration is a watch box of molded

plastic material covered with paper.

ISSUE:

What is the proper classification of a plastic watch box

covered with paper?


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LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed

by the General Rules of Interpretation (GRI's) taken in order.

GRI 1 provides that the classification is determined first in

accordance with the terms of the headings and any relative

section and chapter notes. If GRI 1 fails to classify the goods,

and if the heading and legal notes do not otherwise require, the

remaining GRI's are applied taken in order.

The watch box was classified under subheading 3926.90.9090,

HTSUSA, under the provision for other articles of plastics and

articles of other materials. In reconsidering this

classification we have concluded that the watch box would be more

appropriately classified under subheading 4202.99.1000, HTSUSA,

the provision for other bags/cases with an outer surface of

paper.

Heading 4202, HTSUSA, which covers handbags, jewelry boxes

and similar containers of plastics, provides that an article must

meet two basic criteria to be classifiable thereunder. It must

be one of, or similar to, articles named therein, and it must be

"of...or wholly or mainly covered" with one of the specified

materials, paper as herein pertinent. Prior to the amendment of

heading 4202, effective January 1, 1993, it did not provide for

plastic watch boxes covered with paper. Your watch box was

accordingly classified in Chapter 39 as you were notified. With

the amendment of heading 4202, effective January 1, 1993, which

added the phrase "or with paper" to the types of material which

can cover an article classifiable thereunder, your watch box

composed of plastics covered with paper, meets the material

requirements for goods covered by that heading.

HOLDING:

Watch boxes made of molded plastic covered with paper are

classifiable under subheading 4202.99.1000, HTSUSA, the provision

for other bags/cases with outer surfaces of paper. Such articles

are subject to a general rate of duty of 3.4 percent ad valorem.

DD Ruling 871196 of February 23, 1992, is modified in

accordance with the above holding pursuant to section 177.9(d),

Customs Regulations (19 CFR 177.9(d)).


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Such articles, if the product of Thailand, which meet the

requirements of General Note 3(a)(ii), HTSUSA, regarding the

Generalized System of Preferences (GSP), are eligible for a free

special rate of duty upon compliance with the provisions of

section 10.171 et seq., Customs Regulations (19 CFR 10.171 et

seq.).

Sincerely,

John Durant, Director

Commercial Rulings Division