CLA-2 CO:R:C:G 085327 SR
District Director of Customs
Los Angeles, CA 90053-3379
RE: Internal Advice Request No. 35/89 Concerning the Tariff
Classification of Certain Luggage
This request for Internal Advice was initiated by a letter
dated June 8, 1989, from Lonathon D. Hurse, of Sears, Roebuck and
Co.
FACTS:
The merchandise at issue consists of four bags that the
inquirer claims to be handbags. The Los Angeles District
believes the bags are classifiable under subheading 4202.92.3030,
HTSUSA, as travel bags with quota category 670-L. The Port of
Philadelphia Customs classified a shipment of the same goods
under subheading 4202.22.8050, HTSUSA, as handbags with quota
category 670-O.
The inquirer provides the following descriptions of the
merchandise:
The bags are imported from the Republic of China in four
different styles numbered 15840A, 15840B, 15840C and 15840D.
The bags are made of concord nylon with ribbed vinyl trim.
Style 15840A- has a single non-detachable strap, an
organizer section, zippered front, and a large flap folding
down over the organizer section with a Velcro closure. The
bag measures 13-7/8 inches by 10 inches.
Style 15840B- is more aptly described as a traditional tote
bag, opening at the top with a nylon zipper closing the bag
on the inside; a front flap is held down by a Velcro
fasteners, covers an organizer section; and a two piece
strap is attached to both sides of the bag for hand carrying
purposes. The bag measures 20 inches by 13 inches.
-2-
Style 15840C- has a single non-detachable strap for carrying
the bag by hand; one side of the bag consists of an
organizer section covered by a flap held down by a Velcro
fastener and a pouch pocket; two nylon zippers- one on the
side and the other on top run the length of the bag. The
bag measures 13-1/2 inches by 10-3/4 inches.
Style 15840D- has a single detachable shoulder strap and a
carrying handle, it opens and closes on the top with a nylon
zipper; an organizer section is covered by a flap and is
held down by a Velcro fastener that is located in the side
of the bag. The bag measures 14-1/2 inches by 10-3/8
inches.
ISSUE:
Whether the bags at issue are classifiable as travel bags or
as handbags.
LAW AND ANALYSIS:
Heading 4202, HTSUSA, provides for:
Trunks, suitcases, vanity cases, attache cases, briefcases,
school satchels, spectacle cases, binocular cases, camera
cases . . . and similar containers; traveling bags, toiletry
bags, knapsacks and backpacks, handbags, shopping bags . . .
sports bags . . . and similar containers, . . . of textile
materials . . .
The bags at issue cannot be classified as handbags as
claimed by the importer. The term "handbags" includes pocket
books, purses, shoulder bags, clutch bags, and similar articles
customarily carried by women or girls, but not including luggage,
flat goods or shopping bags. Tote bags are those bags that are
larger than handbags. They are substantially constructed and
designed to contain various items including clothing and personal
effects while traveling, and usually have at least one side which
exceeds 12 inches in length.
The smallest of the bags at issue measures 13 1/2 inches by
10-3/4 inches. The bags are not made of a very durable material;
-3-
however, they each have a thick handle, and are made of a plastic
that will protect the items placed inside from water, and there
is a thicker plastic on the bottom for protection. These bags
could be used by females or males to carry personal belongings
during travel.
HOLDING:
The merchandise at issue is classifiable under subheading
4202.92.3030, HTSUSA, which provides for trunks, suitcases;
traveling bags, with outer surface of plastic sheeting, other,
travel sports and similar bags, other, of man-made fibers, other
The textile category number is 670-L, and the rate of duty is 20
percent ad valorem. You should inform the inquirer of this
ruling.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc A.D. New York Seaport
1 cc Durant
1 cc legal reference