The tariff classification of a messenger bag with markers and rhinestones from China

N202676 March 1, 2012 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.12.2035 James A. Roberts J.M. Rodgers Company, Inc. 1975 Linden Boulevard Elmont, NY 11003 RE: The tariff classification of a messenger bag with markers and rhinestones from China Dear Mr. Roberts: In your letter dated January 31, 2012, you requested a tariff classification ruling on behalf of your client, Horizon Group USA, Inc. The style you refer to as “Color & Create Your Own Messenger Bag” is a messenger bag that includes five markers and several plastic rhinestones. The bag, markers, and rhinestones are considered a set for tariff purposes. The messenger bag provides the most value to the set and is the article that will outlast the life of the other components. As such, the essential character of the set is imparted by the messenger bag, General Rule of Interpretation 3(b) noted. The messenger bag is constructed with a body of polyester textile material and a front panel of polyvinyl chloride (PVC) plastic sheeting. The front flap has a decorative pattern of flowers, butterflies, and peace signs which is intended for a child to color and decorate with the markers and rhinestones. The interior is unlined and has an open pocket encompassing the entire width and length of the bag. The flap covers the entire front exterior and secures with a hook-and-loop closure. The bag has a webbed shoulder strap and measures approximately 12” (W) x 10” (H) x 3.5” (D). The applicable subheading for messenger bag will be 4202.12.2035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for trunks, suitcases, vanity cases, briefcases, school satchels and similar containers, with outer surface of plastics, other, briefcases and similar containers. The rate of duty will be 20 percent 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/. 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, Thomas J. Russo Director National Commodity Specialist Division