The tariff classification of handbags and a travel bag from China

N037824 October 6, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.22.8050, 4202.92.3031 Lisa R. Collier Brand Science LLC 313 E. Meeting Street Dandridge, TN 37725 RE: The tariff classification of handbags and a travel bag from China Dear Ms. Collier: In your letter dated September 3, 2008 you requested a classification ruling. The samples which you submitted are being returned as requested. Style 8125 is a handbag constructed as with an outer surface of 100% man-made textile material. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. It features a textile-lined main compartment with a zippered pocket and an open pocket on the same sidewall. The opposite sidewall has two open pockets. The bag secures with a zipper closure and an adjustable shoulder strap. The front exterior has a zippered pocket along the width of the bag. It measures approximately 10” (W) x 8” (H) x 4” (D). Style 8135 is a handbag constructed as with an outer surface of 100% man-made textile material. It is designed and sized to contain the small personal effects that would be normally carried on a daily basis. It features a textile-lined main compartment with a zippered pocket and an open pocket on the same sidewall. The opposite sidewall has two open pockets. The bag secures with a dual zipper closure and an adjustable shoulder strap. The front exterior of the bag has three zippered pockets. The back exterior has an open pocket along the width of the bag. It measures approximately 10” (W) x 12” (H) x 4.5” (D). Style 8128 is a handbag constructed as with an outer surface of 100% man-made textile material. It is designed and sized to contain the small personal effects that would be normally carried on a daily basis. It features a textile-lined main compartment with a zippered pocket and an open pocket on the same sidewall. The bag has a zipper closure and an adjustable shoulder strap. The front exterior of the bag has a zippered pocket and the back exterior has an open pocket; both pockets are along the full width of the bag. It measures approximately 9.5” (W) x 7” (H) x 4” (D). Style 7548 is a travel bag constructed with an outer surface of 100% man-made textile materials. It is designed to provide storage, protection, portability, and organization to personal effects during travel. It features a textile-lined main compartment with a zippered pocket and an open pocket on the same sidewall. The opposite sidewall has two open pockets. The bag has a dual zipper closure with double carrying handles, and an adjustable shoulder strap. The front exterior has a patch pocket with a zipper closure. The back exterior has two open pockets along the width of the bag. It measures approximately 16.5” (W) x 10” (H) x 6” (D). In your letter, you suggest classification under subheading 4202.22.8050, Harmonized Tariff Schedule of the United States, (HTSUS), handbags, whether or not with shoulder strap, including those without handles, with outer surface of textile material, other, of man-made fibers. Pursuant to GRI 1, goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes under the heading that most specifically describes them. The travel bag is designed to contain clothing, sundry articles, or personal effects during travel. The bag is more specifically classified under subheading 4202.92.3031, HTSUS. Style 8758 is a handbag constructed as with an outer surface of 100% man-made textile material. It is designed and sized to contain the small personal effects that would be normally carried on a daily basis. It features a textile-lined main compartment with a zippered pocket and an open pocket on the same sidewall. The bag has a dual zipper closure and an adjustable shoulder strap. The front exterior of the bag has a flap pocket that secures with a plastic snap closure. The back exterior has a pocket along the width of the bag that secures with a hook-and-loop closure. It measures approximately 11.25” (W) x 10.5” (H) x 3.75” (D). In your letter, you suggest classification under subheading 4202.92.3031, Harmonized Tariff Schedule of the United States, (HTSUS), which provides in part, for travel, sports and similar bags, with outer surface of man-made textile materials. Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI). Pursuant to GRI 1, goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes under the heading that most specifically describes them. The handbag is not designed or sized to contain the larger personal effects that would normally be carried in a travel bag such as clothing, books, sundry articles or food. The bag is more specifically classified under subheading 4202.22.8050, HTSUS. The applicable subheading for styles 8125, 8135, 8128 and 8758 will be 4202.22.8050, HTSUS, which provides for handbags, whether or not with shoulder strap, including those without handles, with outer surface of textile material, other, other, of man-made fibers. The duty rate will be 17.6% ad valorem. The applicable subheading for style 7548 will be 4202.92.3031, HTSUS which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. HTSUS 4202.22.8050 and 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division