CLA-2 CO:R:C:T 089949 JS
Michelle Dudney
Emery Customs Brokers
1327 Ashton Road
Suite 202
Hanover, MD 21076
RE: Change purse, cigarette case, cosmetic case; classifiable
heading 4202, HTSUSA
Dear Ms. Dudney:
This is in reference to your letter of June 19, 1991, on
behalf of Nordic Import & Export Company, requesting
classification of a flatgood set under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).
FACTS:
The merchandise at issue is a flatgood set consisting of a
change purse, cigarette case and cosmetic case. The outer
surface of each item is wholly of 100 percent polyvinyl choride
with a woven nylon fabric backing. The clasp frame of each piece
is made of giltplated iron, and the change purse has a key ring
attached to one end of the clasp. The importer states that these
goods are intended to be carried on the person, presumably in a
handbag.
ISSUE:
What is the classification of matching items intended for
the carrying of various items in a handbag.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI), taken in order.
GRI 1 provides classification shall be determined according to
the terms of the headings and any relative section or chapter
notes and, unless otherwise required, according to the remaining
GRI.
2
Heading 4202 encompasses all travel goods, handbags and
similar containers. Subheading 4202.32, in particular, provides
for articles carried in the pocket or handbag, with outer surface
of plastic sheeting. Moreover, the Explanatory Notes, the
official interpretation of the tariff at the international
level, state that this subheading covers articles of a kind
normally carried in the pocket or in the handbag and include
spectacle cases, note-cases (bill-folds), wallets, purses, key-
cases, cigarette-cases, cigar-cases, pipe-cases and tobacco
pouches.
The containers in question are similar to the articles
specified in the second part of heading 4202, i.e., toiletry
bags, purses, and cigarette cases, and are wholly or mainly
covered with plastic sheeting. The EN for 4202.32 indicates this
subheading applies to articles of a kind normally carried in the
pocket or in the handbag. Therefore, the change purse, cigarette
case and cosmetic case at issue are properly classified within
heading 4202, HTSUSA.
HOLDING:
The present merchandise is classified under subheading
4202.32.1000, which provides for traveling bags, toiletry bags,
knapsacks and backpacks, handbags, shopping bags, wallets,
purses, map cases, cigarette cases, tobacco pouches, tool bags,
sports bags, bottle cases, jewelry boxes, powder cases, cutlery
cases and similar containers, of leather or of composition
leather, of plastic sheeting, of textile materials, of vulcanized
fiber or of paperboard, or wholly or mainly covered with such
materials: articles of a kind normally carried in the pocket or
in the handbag: with outer surface of plastic sheeting or of
textile materials: of reinforced or laminated plastics, dutiable
at the rate of 12.1 cents per kilogram and 4.6 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, your client should contact
its local Customs office prior to importation of this merchandise
to determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division