## Facts

- Jewelpak imported “presentation boxes” used to ship, store, and display jewelry; the items were hinged top-and-bottom shells (plastic or metal), sometimes covered with textile or plastic sheeting, and sized for specific jewelry pieces.
- U.S. Customs classified the merchandise as “jewelry boxes” under subheading 4202.92.90, HTSUS, subject to a 20% ad valorem duty.
- Jewelpak challenged the classification, arguing the goods were packaging or conveyance containers and should be classified under 3923.10.00 (plastic packing/conveyance boxes) and/or 7310.29.00 (iron/steel containers under 50 liters).
- The interpretive dispute centered on whether “jewelry boxes” in heading 4202 includes only containers “suitable for long-term use,” as described in the Harmonized System Explanatory Notes, or whether design to hold jewelry alone is sufficient.
- The parties filed cross-motions for summary judgment on the proper classification.

## Issues

1. Whether, for HTSUS heading 4202, the term “jewelry boxes” requires that the container be “suitable for long-term use.”
2. Whether the record at summary judgment established, or failed to establish, that Jewelpak’s presentation boxes were suitable for long-term use.
3. Whether genuine disputes of material fact on long-term suitability precluded summary judgment for either party.

## Decision

- The Court of International Trade held, as a matter of law, that “suitability for long-term use” is a required characteristic for “jewelry boxes” under HTSUS heading 4202.
- The court rejected the view that any container designed to hold jewelry is necessarily a “jewelry box” under heading 4202 regardless of durability or expected use.
- The court determined that whether the imported presentation boxes were suitable for long-term use presented genuine issues of material fact.
- The court therefore denied summary judgment and required further factfinding (ultimately through trial) to resolve classification.

## Legal Principles

- HTSUS terms are interpreted in light of persuasive interpretive aids, including the Harmonized System Explanatory Notes.
- Under heading 4202, “jewelry boxes” are containers of the type used to present and sell jewelry and that are suitable for long-term use; long-term suitability is legally dispositive of inclusion within the heading.
- When classification turns on a durability/usage criterion (e.g., long-term suitability), summary judgment is improper if the record leaves material factual disputes about construction, quality, durability, or consumer use expectations.

## Conclusion

The court set the controlling rule that “jewelry boxes” in HTSUS heading 4202 must be suitable for long-term use, and it denied summary judgment because the evidence did not conclusively resolve whether Jewelpak’s presentation boxes met that standard.


Jewelpak Corp. v. United States, 97 F. Supp. 2d 1192 (Ct. Int’l Trade 2000)