Classification of luggage

HQ 082332 February 21, 1989 CLA-2:CO:R:C:G 082332 SR 825217 CATEGORY: Classification TARIFF NO.: HTSUS 4202.12.60; 4202.92.20 Ms. Eileen T. Romito Sears, Roebuck and Co. Department 733X BSC 19-45 Sears Tower Chicago, Illinois 60684 RE: Classification of luggage Dear Ms. Romito; This is in reference to your letter of September 1, 1987, requesting the tariff classification of certain luggage under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: According to information provided by the importer the luggage is composed of 56 percent jute, 26 percent polypropylene and 18 percent polyvinyl chloride by weight. The fabric is composed of a blend of the jute and polypropylene and has a polyvinyl backing. Each piece is trimmed with leather look vinyl. The set of luggage consists of: 15-1/2" x 11-1/2" x 6-1/2" - shoulder tote bag 21" x 13" x 10" - carry-on bag 45" x 24" x 4" - garment bag 30 inch pullman with wheels 28 inch pullman with wheels 26 inch pullman with wheels - 2 - Although the luggage is imported packed in a common export carton with one piece nested within the larger, the importers catalogue depicts each piece sold separately at retail with individual prices. ISSUE: Whether the luggage at issue is classifiable as luggage of textile or of plastic. LAW AND ANALYSIS: General Rule of Interpretation (GRI) 3 provides for goods put up in sets for retail sale. The merchandise at issue does not qualify as a set because the separate pieces are not sold at retail as a set. Therefore, each piece must be classified individually. Heading 4202, HTSUSA, provides for trunks, suitcases, vanity cases * * * . In order to determine the subheading applicable to the goods, the outer surface material must be determined. The outer surface of the luggage at issue is composed of both textile and vinyl. Under GRI 3(b) if goods are comprised of more than one material the goods are classifiable according to the material that imparts the essential character of the item. The Explanatory Note to Rule 3(b) states: "The factor which determines essential character will vary as between different goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods." Headquarters Ruling Letter (HRL) 081373, dated October 17, 1988, provides that a determination of essential character of the outer surface of luggage cannot be based solely on a physical measurement of the component materials of the outer surface area. However, it was observed that such a measurement is of paramount importance in determining the make-up of the exterior surface. This ruling stated that when viewing luggage and related products, the materials of the outer surfaces produce a visual impact which in many instances leaves little or no doubt as to what material gives the outer surfaces their essential character. - 3 - As well as providing a visual impact the outer surface provides a substantial portion of the structure of the luggage. It encloses the frame and contains the inside contents. The outer surface of the merchandise at issue consists of a mix of 56 percent jute and 26 percent polypropylene by weight. Since the jute provides a substantial portion of the outer surface it provides the essential character of the luggage. HOLDING: The 30, 28, and 26 inch pullman suitcases are classifiable under subheading 4202.12.60, HTSUSA, as trunks, suitcases, and similar containers, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, other. The textile category number is 870, and the rate of duty is 6.5 percent ad valorem. The shoulder tote, carry-on and garment bags are classifiable under subheading 4202.92.20, HTSUSA, as trunks, suitcases, and similar containers, other, with outer surface of plastic sheeting or of textile materials, travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, other. The textile category number is 870, and the rate of duty is 6.5 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, 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, Direector Commercial Rulings Division 6cc: Area Director, New York Seaport SRosenow:jaj:1/23/89