CLA-2 RR:CR:TE 961849 GGD
Ms. Ludene Murphree
Banana Republic
345 Spear Street
San Francisco, California 94105
RE: Modification of Port Ruling Letter (PD) C85765; Style
371488 - Handbag; Not "Tote Bag," Traveling Bag, nor
Shopping Bag
Dear Ms. Murphree:
In PD C85765, issued April 7, 1998, two of the four styles
of nylon woven fabric bags classified, were classified in
subheading 4202.92.3030, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), textile category 670, which provides
for "Travel, sports and similar bags: With outer surface of
textile materials: Other, Other: Of man-made fibers: Other," with
a general column one duty rate of 19 percent ad valorem. We have
reviewed that ruling and, with respect to style number 371488,
have found it to be in error. Therefore, this ruling modifies PD
C85765.
FACTS:
In your request for a binding classification ruling, dated
March 23, 1998, style no. 371488 was described as a woman's
handbag. Sketches of style no. 371488 contain the description
"SIGNATURE SHOPPER." In PD C85765, the article was described as
a woman's tote bag. The ruling request, the ruling, and the
actual sample, indicate that the subject article is a bag which
measures approximately 11-1/2 inches in height by 10 inches in
width by 3 inches in depth. The bag has an outer surface
composed of 100 percent nylon woven fabric and is lined with
woven fabric of man-made fibers. There are 2 leather carrying
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straps. The interior of the bag features a large zippered
central compartment which divides the bag's interior and creates
3 separate, full-sized compartments, 2 of which are open-topped
and without closures. There is also a somewhat smaller zippered
pocket within 1 of the interior sides.
ISSUE:
Whether the merchandise is more properly classified in
subheading 4202.92.3030, HTSUSA, as a traveling bag or shopping
bag other than a handbag; or in subheading 4202.22.8050, HTSUSA,
as a handbag.
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with
the General Rules of Interpretation (GRI). GRI 1 provides that
the classification of goods shall be determined according to the
terms of the headings of the tariff schedule and any relative
Section or Chapter Notes. In the event that the goods cannot be
classified solely on the basis of GRI 1, and if the headings and
legal notes do not otherwise require, the remaining GRI may then
be applied. The Explanatory Notes (EN) to the Harmonized
Commodity Description and Coding System, which represent the
official interpretation of the tariff at the international level,
facilitate classification under the HTSUS by offering guidance in
understanding the scope of the headings and GRI.
Among other goods, heading 4202, HTSUS, provides for
traveling bags, toiletry bags, handbags, and similar containers.
Subheading 4202.92, HTSUS, provides in part for travel, sports
and similar bags. Additional U.S. Note 1 to chapter 42, HTSUS,
states that:
[f]or the purposes of heading 4202, the expression "travel,
sports and similar bags" means goods, other than those
falling in subheadings 4202.11 through 4202.39, of a kind
designed for carrying clothing and other personal effects
during travel, including backpacks and shopping bags of this
heading....
Subheading 4202.22, HTSUS, provides for handbags. The word
"handbag" is defined in Webster's New World Dictionary, Second
College Edition, 1972, as: "1. a small container for money,
toilet articles, keys, etc., carried by women; purse 2. a small
suitcase or valise."
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In Headquarters Ruling Letter (HQ) 957917, issued July 7,
1995, Customs reconsidered and reclassified in subheading
4202.92.1500, HTSUS, a woven cotton bag which measured
approximately 14 inches by 10 inches by 5 inches. The bag had a
reinforced open top with double carrying straps, but no lining
and no pockets or compartments. This office stated that tote
bags similar to those described immediately above were no longer
classifiable as handbags, and that such bags were to be regarded
as multipurpose bags for carrying various personal effects.
In HQ 950708, issued December 24, 1991, we observed judicial
guidance as to the attributes of tote bags and women's handbags.
It was noted that certain tote bags which had no linings or
reinforcements, no pockets, no closures (or only single snap
closures), provided little protection for their contents and were
unlikely to be used in a manner similar to a woman's handbag. We
opined that such tote bags were used as multipurpose bags to
carry any number of sundry articles, such as food, books, and/or
clothing. Since the bags did not fit the terms of subheadings
4202.11 through 4202.39, but were a type of bag used to carry
clothing and other personal effects during travel, they were
considered to be travel, sports and similar bags within the
meaning of Additional U.S. Note 1 to chapter 42, HTSUS. See also
HQ 951113, issued May 19, 1992, affirming HQ 950708.
In HQ 955552, issued August 15, 1994, this office classified
an article described as both a "tote" and a "shoulder bag" in
subheading 4202.22.6000, HTSUSA as a handbag. The bag measured
approximately 14 inches in width by 9-1/2 inches in height by 4
inches in depth (at the bottom). The article had 2 shoulder
straps, and was divided into 2 separate compartments, each of
which had a zippered closure. One of the compartments also had a
zippered change purse. The interior of the bag was lined and the
bottom and corners were reinforced. We found that the bag's
design and construction - particularly its reinforcement, its
straps, its inside zipper pocket, and its style of
compartmentalization and zipper closures - strongly suggested an
intended use by women and girls to carry personal items on a
daily basis.
We find that style no. 371488 is also designed, constructed,
and intended to be used as a woman's handbag, not as a tote or
shopping bag. The bag's dimensions, lining, zippered pockets,
and manner of compartmentalization, indicate that its purpose is
to contain certain items normally carried in a woman's handbag,
such as money, cosmetics, keys, etc. If used as intended, the
bag has insufficient additional capacity for use as a
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multipurpose carrier of any number of sundry articles (such as
food, books, and/or clothing). In light of the above analysis,
we find that the subject article is classified as a handbag.
HOLDING:
The handbag identified as style no. 371488 is properly
classified in subheading 4202.22.8050, HTSUSA, textile category
670, the provision for "Handbags, whether or not with shoulder
strap, including those without handle: With outer surface of
sheeting of plastic or of textile materials: With outer surface
of textile materials: Other: Other: Other, Of man-made fibers."
The general column one duty rate is 19 percent ad valorem.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
PD C85765, issued April 7, 1998, is hereby modified.
Sincerely,
John Durant, Director
Commercial Rulings Division