CLA-2 RR:CR:TE 961513 GGD
Ari L. Kaplan, Esquire
Graham & James
885 Third Avenue
New York, New York 10022
RE: Handbags; Backpacks
Dear Mr. Kaplan:
This letter is in response to your request of February 11,
1998, on behalf of your client, Liz Claiborne Accessories, Inc.,
concerning the classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) of three styles
of carrying bags manufactured in China. Samples were submitted
with your request.
FACTS:
The three samples are identified by style numbers HBLG#1,
HBMD#2, and HBSM#3, and are described as women's backpack-style
bags. Style no. HBLG#1 measures approximately 12-1/2 inches in
height and is roughly cylindrical in shape with a circular base
that measures approximately 8-1/2 inches in diameter and
approximately 26-3/4 inches in circumference. The bag is lined
and has an outer surface composed of 100 percent polyester. The
interior of the bag features one large central compartment which
closes by means of a drawstring closure. A flap lies over this
closure, with a metal snap closure on which appear the initials
"LC." There is a flat, zippered pocket near the top of the
interior compartment which measures approximately 5 inches in
height by 6 inches in width. The bag features an exterior, flat,
zippered pocket which measures approximately 9 inches in height
and which extends approximately 13 inches around the bag's
circumference. There also are two permanently-attached,
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adjustable carrying straps which measure approximately 36 inches
in length (fully extended) by 3/4 inch in width. The straps are
composed of polyester on one side and polyvinyl chloride (PVC) on
the other side.
Style no. HBMD#2 measures approximately 9-1/2 inches in
height by 8-1/2 inches in width by 6 inches in depth. The bag is
lined and has an outer surface composed of 100 percent polyester
with polyvinyl chloride (PVC) trim. The interior of the bag
features one central compartment which closes by means of a
drawstring closure over which lies a flap with a metal snap
closure featuring the initials "LC." There is a flat, zippered
pocket near the top of the interior compartment that measures
approximately 6-1/2 inches in height by 7 inches in width. The
bag features an exterior compartment which measures approximately
5 inches in height by 5-1/2 inches in width by 1-1/2 inches in
depth, with a zippered closure covered by a flap with a snap
closure. There are two matching shoulder straps which are
composed of PVC and which measure approximately 33 inches in
length (fully extended) by 5/8 inch in width. Each strap is
permanently attached only at the top of the bag. The straps are
somewhat adjustable in that five holes are punched in each of
lower ends. Each strap attaches to the lower exterior of the bag
by pushing any two of the strap's adjustment holes onto two metal
studs protruding from PVC tabs on the bag's exterior. The top of
the bag also has a looped handle or carrying strap that measures
approximately 9-1/2 inches in length.
Style no. HBSM#3 measures approximately 7-1/2 inches in
height by 6 inches in width by 2-3/4 inches in depth. The bag is
lined and has an outer surface composed of 100 percent polyester.
The interior of the bag features one central compartment with a
zippered closure across the top and halfway down each side.
There is a flat, zippered pocket near the top of the interior
compartment that measures approximately 4-1/2 inches in height by
5 inches in width. The bag features an exterior, gusseted
compartment which measures approximately 3-1/2 inches in height
by 4 inches in width by 1-1/4 inches in depth, with a zippered
closure. There is an adjustable, detachable, polyester shoulder
strap which measures approximately 60 inches in length (fully
extended) by 1/2 inch in width. The strap can be arranged to
resemble two shoulder straps by running it through a metal ring
at the top of the bag and connecting the two ends of the strap to
buckles on the lower exterior of the bag. The strap is somewhat
adjustable in that three holes are punched in each of lower ends
which can attach to the buckles. There is no other carrying
strap or handle.
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ISSUE:
Whether the merchandise is classified in subheading
4202.92.3020, HTSUSA, as backpacks; or in subheading
4202.22.8050, HTSUSA, as handbags.
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."
In HQ 950708, issued December 24, 1991, we observed judicial
guidance as to the attributes of both handbags and bags
classifiable under subheading 4202.92. 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 bags
were used as multipurpose bags to carry any number of sundry
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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.
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 959062, issued January 28, 1997, we reconsidered and
reclassified an article described as a "mini-backpack" in
subheading 4202.22.4030, HTSUSA, as a handbag. The bag was
composed of a pile velveteen fabric and measured approximately 6
inches in length by 7-1/2 inches in width by 5 inches in
diameter. The bag had a drawstring closure at the top with a
velveteen flap adorned with a satin bow. The bag also featured
double shoulder straps of braided nylon cording which could be
run through a snap closure at the base of the bag to create a
"mini-backpack" effect. We noted that, although the term
"backpack" is not defined in the HTS, Customs prior rulings and
lexicographic sources had commonly defined "backpack" as "an
article designed to carry food and equipment." Additional U.S.
Note 1 to Chapter 42, also indicates that backpacks are the kind
of bags designed for carrying clothing and other personal effects
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during travel. We found that, in light of the bag's overall
appearance and construction (i.e., its small size, velveteen
fabric, and flimsy, braided straps), the legal note, and the
definitions/common meanings of the terms "handbag" and
"backpack," the "mini-backpack" was designed for use as an
evening handbag for females to carry some small personal effects
such as money, keys, credit cards, and certain toiletries.
In light of the factors noted above, we find that style nos.
HBMD#2 and HBSM#3 are designed, constructed, and intended to be
used as women's handbags, not as backpacks. The bags'
dimensions, linings, shoulder straps, and overall appearance
indicate that their purpose is to contain certain items normally
carried in a woman's handbag. The shoulder straps of each of the
bags are small in width and either partially detachable (HBMD#2)
or completely detachable (HBSM#3) from the bags. If used as
intended, the bags have insufficient additional capacity for use
as carriers of various articles such as food, clothing,
equipment, and/or other personal effects. On the other hand, the
wider, permanently attached shoulder straps, the dimensions, and
the overall appearance and construction of style no. HBLG#1
suggest that it possesses the characteristics of a backpack,
including the capacity to carry a wide variety of personal
effects not normally carried in a handbag. We thus find that
style HBLG#1 is classified as a backpack, and that style nos.
HBMD#2 and HBSM#1 are classified as handbags.
HOLDING:
The backpack identified by style no. HBLG#1 is classified in
subheading 4202.92.3020, HTSUSA, textile category 670, the
provision for "Travel, sports and similar bags: With outer
surface of textile materials: Other, Other: Of man-made fibers:
Backpacks." The general column one duty rate is 19 percent ad
valorem.
The handbags identified as style nos. HBMD#2 and HBSM#3 are
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
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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.
Sincerely,
John Durant, Director
Commercial Rulings Division