CLA-2:CO:R:C:G 082332 SR 825217
Ms. Eileen T. Romito
Sears, Roebuck and Co.
Department 733X
BSC 19-45
Sears Tower
Chicago, Illinois 60684
RE: Classification of luggage
Dear Ms. Romito;
This is in reference to your letter of September 1, 1987,
requesting the tariff classification of certain luggage under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
According to information provided by the importer the
luggage is composed of 56 percent jute, 26 percent
polypropylene and 18 percent polyvinyl chloride by weight. The
fabric is composed of a blend of the jute and polypropylene and
has a polyvinyl backing. Each piece is trimmed with leather
look vinyl. The set of luggage consists of:
15-1/2" x 11-1/2" x 6-1/2" - shoulder tote bag
21" x 13" x 10" - carry-on bag
45" x 24" x 4" - garment bag
30 inch pullman with wheels
28 inch pullman with wheels
26 inch pullman with wheels
- 2 -
Although the luggage is imported packed in a common export
carton with one piece nested within the larger, the importers
catalogue depicts each piece sold separately at retail with
individual prices.
ISSUE:
Whether the luggage at issue is classifiable as luggage of
textile or of plastic.
LAW AND ANALYSIS:
General Rule of Interpretation (GRI) 3 provides for goods
put up in sets for retail sale. The merchandise at issue does
not qualify as a set because the separate pieces are not sold
at retail as a set. Therefore, each piece must be classified
individually.
Heading 4202, HTSUSA, provides for trunks, suitcases,
vanity cases * * * . In order to determine the subheading
applicable to the goods, the outer surface material must be
determined. The outer surface of the luggage at issue is
composed of both textile and vinyl. Under GRI 3(b) if goods
are comprised of more than one material the goods are
classifiable according to the material that imparts the
essential character of the item.
The Explanatory Note to Rule 3(b) states: "The factor
which determines essential character will vary as between
different 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."
Headquarters Ruling Letter (HRL) 081373, dated October 17,
1988, provides that a determination of essential character of
the outer surface of luggage cannot be based solely on a
physical measurement of the component materials of the outer
surface area. However, it was observed that such a measurement
is of paramount importance in determining the make-up of the
exterior surface. This ruling stated that when viewing luggage
and related products, the materials of the outer surfaces
produce a visual impact which in many instances leaves little
or no doubt as to what material gives the outer surfaces their
essential character.
- 3 -
As well as providing a visual impact the outer surface
provides a substantial portion of the structure of the luggage.
It encloses the frame and contains the inside contents. The
outer surface of the merchandise at issue consists of a mix of
56 percent jute and 26 percent polypropylene by weight. Since
the jute provides a substantial portion of the outer surface it
provides the essential character of the luggage.
HOLDING:
The 30, 28, and 26 inch pullman suitcases are classifiable
under subheading 4202.12.60, HTSUSA, as trunks, suitcases, and
similar containers, with outer surface of textile materials, of
vegetable fibers and not of pile or tufted construction, other.
The textile category number is 870, and the rate of duty is 6.5
percent ad valorem.
The shoulder tote, carry-on and garment bags are
classifiable under subheading 4202.92.20, HTSUSA, as trunks,
suitcases, and similar containers, other, with outer surface of
plastic sheeting or of textile materials, travel, sports and
similar bags, with outer surface of textile materials, of
vegetable fibers and not of pile or tufted construction, other.
The textile category number is 870, and the rate of duty is 6.5
percent 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, you should contact your
local Customs office prior to importation of this merchandise
to determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Direector
Commercial Rulings Division
6cc: Area Director, New York Seaport
SRosenow:jaj:1/23/89