The tariff classification of tote bags and a handbag from China

N043821 December 5, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.:4202.22.8050, 4202.91.0030, 4202.92.3031 Krystal Mehnert Donna Karan 580 Gotham Parkway Carlstadt, NJ 07072 RE: The tariff classification of tote bags and a handbag from China Dear Ms. Mehnert: In your letter dated November 3, 2008 you requested a tariff classification ruling. The samples which you submitted are being returned as requested. Style R1913404 is a tote bag constructed with an outer surface of 100% genuine leather. It is designed to provide the useful functions of storage, protection, organization and portability to personal effects during travel. The bag has a textile-lined main compartment with a zippered pocket and two open pockets on the same sidewall. The bag has a metal zipper closure and a single carrying strap. It measures approximately 15.5” (W) x 12” (H) x 5” (D). Style R1914704 is a tote bag constructed with an outer surface of 100% genuine leather. It is designed to provide the useful functions of storage, protection, organization and portability to personal effects during travel. The bag has a textile-lined main compartment with a zippered pocket and two open pockets on the same sidewall. The bag has an open top with double carrying straps and a hidden magnetic closure. The front exterior of the bag has two open pockets. It measures approximately 15.5” (W) x 14” (H) x 3.5” (D). Style R1911204 is a tote bag constructed of a basket weave pattern of genuine leather and textile material. It is designed to provide the useful functions of storage, protection, organization and portability to personal effects during travel. The bag has a textile-lined interior with a zippered a compartment in the center thereby dividing the interior into three separate sections. One of the sections has a zippered pocket and two open pockets on the same sidewall. The bag has an open top with a hidden magnetic closure and double carrying handles. It measures approximately 15.5” (W) x 13” (H) x 9” (D). Style R1911202 is a handbag constructed of a basket weave pattern of genuine leather and textile material. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. The bag has a metal frame main compartment with a “kiss” lock closure. The interior of this compartment is textile-lined with a zippered pocket and two open pockets on the same sidewall. On both the left and right sides of the main compartment are additional textile-lined sections that secure with hidden magnetic closures. The bag has double carrying handles and measures approximately 12” (W) x 10” (H) x 7” (D). Neither the leather nor the textile material imparts the essential character of styles R1911204 or R1911202. Therefore, GRI 3(c) is applicable. GRI 3 (c) states that when goods cannot be classified by reference to GRI 3(a) or 3(b), they shall be classified under the heading that occurs last in numerical order among those which equally merit consideration. In this case, the subheading for the tote bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), and subheading 4202.22.8050, HTSUS will be for the handbag. The applicable subheading for the styles R1913404 and R1914704 will be 4202.91.0030, HTSUS, which provides for travel, sport, and similar bags, with outer surface of leather. The rate of duty will be 4.5% percent ad valorem. The applicable subheading for style R1911204 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 duty rate will be 17.6 percent ad valorem. The applicable subheading for style R1911202 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. 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 fall 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