The tariff classification of handbags and travel bags from China

N037822 October 8, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.22.8050, 4202.92.3031 Lisa Collier Brand Science LLC 313 E. Meeting Street Dandridge, TN 37725 RE: The tariff classification of handbags and travel bags 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 8129 is a handbag, circular-shaped, constructed 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 has a textile lined main compartment with no additional features. The bag has a zipper closure and an adjustable shoulder strap. The front exterior has a zippered pocket, while the back exterior has an open pocket; both are along the width of the bag. It measures approximately 7” in diameter. Style 7633 is a handbag constructed 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 has a textile-lined main compartment with a zippered pocket and an open pocket on the same sidewall. The bag has both an adjustable removable shoulder strap and double carrying handles. It measures approximately 8.25” (W) x 5” (H) x 4” (D). Style 5828 is a handbag constructed 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 has a textile-lined main compartment with no additional features. The bag has an attached carrying handle with a metal claw clip at one end. Both the front and rear exteriors have a zippered pocket along the width of the bag. It measures approximately 7.5” (W) x 5” (H) x 1” (D). In your letter, for styles 7633 and 5828, you suggest classification under subheading 4202.12.8050, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for attaché cases, briefcases, school satchels, occupational luggage cases and similar containers, with outer surface of textile materials, other, containing 85% or more by weight of silk or silk waste. 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 more specifically provided for within subheading 4202.22.8050, HTSUS. Style 8756 is a non-insulated soft-sided lunch bag constructed with an outer surface of 100% man-made textile material. The bag is designed to carry food for lunch or snacks. It has a textile-lined main compartment with a zippered pocket on the backwall. It has a dual top zipper closure and an adjustable removable shoulder strap. The top of the bag has a carrying handle and the back exterior has a pocket with a hook-and-loop closure. It measures approximately 6.5” (W) x 6” (H) x 6.5” (D). In your letter, you suggest classification under subheading 4202.92.9026, HTSUS, which provides for other containers and cases, other, with outer surface of textile materials, 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 lunch bag is more specifically provided for within subheading 4202.92.3031, HTSUS. Style 8759 is a lunch sac constructed with an outer surface of 100% man-made textile material. The bag is designed to carry food for lunch or snacks. It has a textile-lined main compartment with no additional features. It has a roll-down top that secures with a hook-and-loop closure. It measures approximately 6.25” (W) x 12.5” (H) x 6” (D). In your letter, you suggest classification under subheading 4202.92.9060, HTSUS, which provides for other cases, with outer surface of sheeting of plastic. 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 lunch sac is more specifically provided for within subheading 4202.92.3031, HTSUS. The applicable subheading for styles 8129, 7633, 5828 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 8756 and style 8759 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