HQ 083632
April 27 1989
CLA-2 CO:R:C:G 083632 DSN
Mr. Terry Mozaz
Import Manager
Trina
P.O. Box 1431
Fall River, MA 02722
RE: Classification of braided evening bags
Dear Mr. Mozaz:
This is in response to your inquiry of January 19, 1989,
regarding classification of braided evening bags under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). Two samples produced in China were submitted for
examination.
FACTS:
Sample 1805 is a handbag composed of 100 percent rayon
satin with a braided shoulder strap and braided overlay trim.
The braided overlay trim measures approximately 3/4 of an inch to
1 5/8 inches from the top zipper closure.
Sample 3804 is composed of 100 percent rayon ribbed satin
and has a braided shoulder strap. This bag can be used as a
"clutch" or with the braided strap.
Photographs of other styles were also submitted to
illustrate past and present styles.
ISSUE:
Whether the samples at issue are classified under
subheading 4202.22.40, HTSUSA.
-2-
LAW AND ANALYSIS:
Subheading 4202.22.40, HTSUSA, provides for handbags which
have an outer surface of textile materials wholly or in part of
braid. Since the instant samples are not wholly of braid, we
must determine if they are "in part of braid". General Note
7(e)(ii) provides that "in part of," means that the goods contain
a significant quantity of the named material. This is the same
definition as under the Tariff Schedules of the United States
Annotated (TSUSA). Under the TSUSA, we interpreted the term
"significant" as applied to the phrase "in part of" as having a
degree of usefulness, being meaningful or necessary. The HTSUSA
has incorporated under general note 7(e), the de minimis rule to
the above note. The de minimis rule as applied under the TSUSA,
emphasizes the necessity of determining whether the amount of
braid used has really changed or affected the nature of the
article. HRL 073592 of June 12, 1984. Therefore, if an article
contained a significant quantity of braid, and if that portion or
quantity of braid served a useful purpose or affected the nature
of the article or increased the salability of the item, it would
be considered "in part of" braid. HRL 085617 of March 4, 1988.
Applying general note 7(e) and 7(e)(ii) to the instant
samples, it is our opinion that there is not a significant
quantity of braided material on either bag to really change or
affect the nature of the article. There is also no indication
that the use of braid as overlay trim on style 1805 or on the
straps of both handbags increases the potential salability of the
handbags. The utility of the handbags with the strap would be
the same whether or not the material of the strap is of braided
construction. Furthermore, style 3804 could be used as a clutch,
thereby, eliminating the need for a strap.
HOLDING:
In view of the foregoing, the samples at issue are
classified under subheading 4202.22.8050, HTSUSA, which provides
for handbags, whether or not with shoulder strap, including those
without handle, with outer surface of textile materials, of man-
made fibers, textile category 670, and dutiable at the rate of 20
percent ad valorem.
-3-
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categores, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restriants or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division