CLA-2 CO:R:C:G 081375 c

Stephen S. Weiser, Esq.
Siegel, Mandell & Davidson, P.C.
Counsellors at Law
One Whitehall Street
New York, New York 10004

RE: Tariff classification of women's handbags and a satchel manufactured in Korea

Dear Mr. Weiser:

In a letter dated November 18, 1987, you inquired as to the tariff classification under the proposed Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of women's handbags and a satchel.

FACTS:

The sample designated as style 40551 is a women's multi- compartment handbag (with shoulder strap) measuring approxi- mately 10-1/2 inches by 7 inches by 2 inches. The bag has a polyvinyl chloride ("PVC") body with leather piping. A strip of leather, approximately 1-1/8 inches wide and 9 inches long, reinforces the edge of the bag's flap and covers the snap closure thereon. An additional piece of leather, approximate- ly 2 inches long and 3/4 inch wide has been vertically attached to this strip to provide additional strength to the snap closure. The bag's shoulder strap is made of leather and is approximately 1/2 inch wide and, taking into account all pieces, approximately 52 inches in length. The strap is attached to the sides of the bag by means of metal rings which are themselves connected to each side of the bag by leather strips. These leather strips measure approximately 1/2 inch wide and 5 inches long and have been sewn vertically onto each end of the bag. Finally, the front of the bag contains an oblong leather logo patch, approximately 1 inch wide and 1-1/2 inches long.

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The sample designated as style 41981 is a women's handbag (with shoulder strap) with a central compartment which contains an inner zippered compartment. When fully expanded, the bag measures approximately 10 inches by 11 inches by 5 inches. As with style 40551, the body of the article is composed of PVC. Six strips of leather, each approximately 3/4 inch wide and 9-1/2 inches long, have been vertically stitched onto the PVC so that they are fairly equally spaced on all sides of the bag. The opening and bottom edges of the bag have been finished with leather piping. The handbag also contains a leather drawstring which is approximately 5/16 inch wide and 31 inches in length (including the knotted ends). The bag's shoulder strap is made of leather and is approxi- mately 3/4 inch wide and, taking into account all pieces, 48 inches in length. Finally, the front of the bag contains a circular leather logo patch, approximately 1-1/2 inches in diameter.

The sample designated as style 47811, described as a satchel, measures approximately 12 inches by 8 inches by 5 inches. The body of the satchel consists of cotton fabric. The article contains double leather handles, each approxi- mately 3/4 inch wide and 18 inches in length, which are connected by metal rings to additional pieces of leather (which are approximately 3/4 inch wide, 2 inches long, on which additional narrower strips of leather have been applied for reinforcement) sewn on the body of the satchel. A substantial strip of leather piping, approximately 1/2 inch wide and 30 inches in length, has been shaped around the zipper closure. Substantial pieces of leather also reinforce each corner of the bag near the base. Finally, the front of the bag contains a circular leather logo patch, approximately 1-1/2 inches in diameter.

The sample designated as style No. 47841 is a women's multi-compartment handbag (with shoulder strap), measuring approximately 7 inches by 7 inches by 1-1/2 inches. The body of the handbag consists of cotton fabric with leather piping. The handbag's flap closes by means of a leather "belt-type" closure. This closure, taking into account all of the leather pieces, is approximately 3/4 inch wide and 6 inches long. The end of the closure on the bag's flap encircles a circular leather logo approximately 1-1/4 inches in diameter. The bag's shoulder strap, which is leather and is approximately 1/2 inch wide and 60 inches in length, is fastened to metal rings on each side of the bag which are themselves attached to additional pieces of leather on each side of the bag. Finally, the top flap of the bag, when pulled open, reveals interior material completely composed of leather.

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You claim that the "essential character" of the women's handbags and the satchel is imparted by their leather components and, therefore, each of the articles is properly classifiable under subheading 4202.21.6000, HTSUSA, as handbags, valued not over $20.00 each, with outer surface of leather. The rate of duty for this provision is 10 percent ad valorem.

ISSUE:

Whether the essential character of the outer surfaces of the women's handbags and the satchel is imparted by their leather components?

LAW AND ANALYSIS:

General Rule of Interpretation (GRI) 3 is applicable in this situation. Its relevant portions provide as follows:

(a) The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.

(b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

The Explanatory Notes for GRI 3(b) state in pertinent part as follows:

(VIII) The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.

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You have expressed concern that Customs will determine "essential character" of the outer surface based solely on a physical measurement of the surface area of the component materials comprising the outer surface area. Thus, if a textile material predominates in area over each other single outer surface material, the article will be considered to have an outer surface of textile materials for tariff purposes.

In Headquarters Ruling Letter (HRL) 081165 PR dated October 27, 1987, this office took the position that with respect to luggage and related products, a determination of essential character can be based on a measurement of the material of the outer surface. Specifically, an item of luggage or a related product would be considered as having an outer surface of textile materials if the textile material predominates in area over each other single outer surface material.

It is now our position that a determination of essential character of the outer surface of luggage and related products cannot be based solely on the material contained therein which predominates by area over any other single material. Such a result would be contrary to the Explanatory Notes for GRI 3(b), supra, which set forth additional criteria for determining "essential character." Consequently, HRL 081165 PR dated October 27, 1987, has been modified by HRL 081374 dated August 8, 1988, to reflect this view.

In support of your position you cite the case of Canadian Vinyl Industries, Inc. v. United States, 76 Cust. Ct. 1, C.D. 4626 (1976), wherein the court found that certain polyurethane skin with a nylon fabric backing was classifiable as flexible sheets "almost wholly of plastics" made in imitation of patent leather in item 771.40, Tariff Schedules of the United States. For tariff purpose the phrase "almost wholly of" means that the essential character of the article is imparted by the named material. In finding that the polyurethane skin supplied the essential character of the article the court concluded that the essential character of this article is the distinctive visual and tactile quality of the polyurethane "skin." These qualities gave the article its own special nature. The court further elaborated saying that "the polyurethane skin of this importation, in addition to supplying the essential visual and tactile characteristics, also contributes attributes of strength and flexibility in conjunction with the nylon backing."

Following the court's reasoning in the above-cited case you assert that leather imparts the essential character of the outer surfaces of the women's handbags and satchel for the following reasons:

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(1) leather is integral to the construction and design of the articles as it is used on all critical parts where flexibility and durability are essential;

(2) the leather on the straps and handles of these articles not only complements the appearance of the bodies of the articles but is necessary to ensure the straps' and handles' durability;

(3) the necessity of strong and durable straps and handles is underscored by the fact that consumers will not purchase handbags such as those at issue without straps or handles, as the bags would then be too susceptible to loss or theft;

(4) leather shapes the bags more effectively than PVC or fabric;

(5) leather is vital to the effective use of the bags, i.e., their ability to securely and effectively carry items throughout the day;

(6) leather is invaluable from a marketability standpoint. Consumers perceive a distinct difference between all-textile or all-PVC handbags and similar articles with leather trimming and/or leather handles or straps, unquestionably preferring the appearance of articles with leather to those without;

(7) consumers who purchase handbags such as those at issue demand leather;

(8) for marketing purposes, labels stating "Genuine Leather Trim" are sewn into the interior of each of the handbags. If such labels were not sewn into the bags, some consumers would not purchase the bags because they would not be certain the leather is genuine;

(9) the fact that the leather makes the bags far more appealing to consumers and significantly contributes to the effective functioning of the bags illustrates that leather imparts the essential character of the outer surface;

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(10) the fact that leather is in chief value, although no longer dispositive for classification purposes under the Harmonized System, militates toward a finding that leather rather than cotton imparts the essential character of the outer surfaces of the articles; and

(11) the value of the leather, in and of itself, attracts consumers to these particular articles rather than ones with far less (or no) leather.

Although a determination of essential character of the outer surface of handbags cannot be based solely on a physical measurement of the component materials of the outer surface area, it is our observation that such a measurement is of paramount importance in determining whether the exterior surface is "leather" or "textile" or "plastics" for this type of merchandise. Specifically, when viewing the handbags, the materials of the outer surface produce a visual impact which in many instances leaves little or no doubt as to what material gives the outer surfaces their essential character.

We note that the use of the leather in the handbags and satchel is confined to use as a trim, as handles or straps for carrying and as closures for styles 47841 and 40551. When one views the samples designated as styles 47811 and 47841, the impression given by the exterior surfaces, which are pre- dominantly textile, is that of textile articles. When one views the samples designated as styles 40551 and 41981, the impression given by the exterior surfaces, which are pre- dominantly plastic, is that of plastic articles.

Although the leather portions might distinguish the handbags and satchel from other handbags and satchels without leather, it is not enough to conclude that leather gives the surfaces their essential character. For example, the claim that an article is "trimmed with leather" does not indicate that leather constitutes the "essential character" a customer is seeking. To do so would negate the usual method of advertising such as "linen trimmed with leather" or "canvas trimmed with leather" or "jute trimmed with leather."

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In this instance the use of leather on the handbags and satchel is confined to use as trim, as handles or straps for carrying, and as closures for styles 40551 and 47841. When one views the samples, the impression given by the exterior surfaces of styles 47841 and 47811 is that of textile articles while the impression given by the exterior surfaces of styles 40551 and 41981 is that of plastic articles. The presence of the leather for the purposes stated above is subsidiary to the presence of the textile materials which constitutes the major portion of styles 47811 and 47841 and also to the presence of plastic material which constitutes the major portion of styles 40551 and 41981. Thus, the textile material or the plastic material as the case may be supplies the distinctive feature of the bags and is that by which the articles are what they fundamentally are.

The Explanatory Notes to GRI 3(b) state that value may be a factor in determining essential character. Here it is claimed that the value of the leather is greater than the other exterior materials and is the element that attracts the buyers. Value, in either situation as proposed by you, has little or no impact in this case on determining essential character.

You suggest that confirmation of your view that the articles are classifiable as handbags with outer surface of leather under the HTSUSA would be in accord with the President's intent that the change to the Harmonized System be duty neutral.

This particular argument is irrelevant in this instance. The President's guidelines for the conversion from the Tariff Schedules of the United States (TSUS) to the Harmonized System do not mandate that every article be subjected to the same rate of duty under the Harmonized System as it was under the TSUS.

HOLDING:

Although leather provides esthetic and functional qualities to these products, the essential character of the outer surfaces is supplied by the textile material or plastic material as the case may be.

The satchel, style 47811, and the women's multi- compartment handbag style 47841 are classifiable under subheading 4202.22.4500, HTSUSA, as handbags, whether or not with shoulder strap, including those without handle, with

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outer surface of textile materials, other, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty for this provision is 7.2 percent ad valorem. The applicable textile category number is 369.

The women's multi-compartment handbag, style 40551, and the women's handbag, style 41981, are classifiable under subheading 4202.22.1500, HTSUSA, as handbags, whether or not with shoulder strap, including those without handle, with outer surface of plastic sheeting. The rate of duty for this provision is 20 percent ad valorem.

This classification represents the current position of the Customs Service regarding the dutiable status of the merchandise under the HTSUSA which becomes effective on January 1, 1989. If there are changes before that date, this advice may not continue to be applicable.

Sincerely,

John Durant, Director
Commercial Rulings Division

6cc: A.D., NY Seaport
1cc: Legal Reference
1cc: Commerce
1cc: John Durant
1cc: Kevin Gorman, NY Seaport
CO:R:C:G:DCAHILL:lw:typed:8/15/88:redraft:8/17/88
final:8/18/88:9/12/88