Classification of certain handbags

Active· CBP ruling HQ 081763· Issued 1988-10-03

Ruling
HQ 081763
Issued
Status
Active
Category
Classification
HS prefixes
4202.22
Tariff numbers
4202.22.8050

Ruling text

HQ 081763

                                     October 3, 1988



             CLA-2 CO:R:C:G   081763  SM

             CATEGORY:  Classification

             TARIFF NO.:  4202.22.8050

             Steven W. Baker, Esq.
             Bellsey and Baker
             Suite 670
             100 California Street
             San Francisco, CA  94111

             RE:  Classification of certain handbags

             Dear Mr. Baker:

                   Your letter of December 11, 1987, on behalf of Esprit de
             Corp, requests a tariff classification ruling under the pro-
             posed Harmonized Tariff Schedule of the United States Anno-
             tated (HTSUSA) for certain handbags.  The submitted samples
             are marked "Made in Korea" or "Made in Hong Kong."

             FACTS:

                   Samples of four different styles of handbags, 17096,
             17070, 17121, and 17001, were received.  No specific informa-
             tion is provided about any of them.  You state that they are
             representative of similar additional styles.  You also state
             that the various styles are constructed of leather, textile,
             and plastic with metal buckles and catches; and that each bag
             is both in chief value and in chief weight of the leather,
             which is used for the straps, edgings, flaps, and certain
             trim.

                   You believe that the bags should be classified as
             leather handbags under heading 4202, HTSUSA, for the following
             reasons:  the current tariff and textile category treatment
             would be preserved; the bags are in chief weight of leather;
             and GRI 3(b) requires that the bags be classified according to
             the material which gives them their essential character, i.e.,
             leather.

             ISSUE:

                   How are the handbags, of mixed materials, classified
             under the proposed HTSUSA?












                                           -2-


             LAW AND ANALYSIS:

                   In the course of developing the conversion of the Tariff
             Schedules of the United States Annotated (TSUSA) to the
             HTSUSA, efforts were made to avoid tariff rate changes to the
             extent practicable and to simplify the tariff where possible
             without rate changes significant for U.S. industry, workers,
             or trade.  Hearings were held under the direction of the
             Office of the United States Trade Representative, and negoti-
             ations were held among GATT partners to work out compensation
             for duty changes where necessary.

                   It was not possible to develop the conversion without
             any changes at all.  The proposed  HTSUSA is a new statute; it
             groups articles in different ways from the TSUSA in some
             cases; and it uses different rules of classification.  Chief
             value is not part of the law; neither is the TSUSA distinction
             between ornamented and not ornamented textile articles.  Many
             articles now classified separately are specifically provided
             for as sets.  These and other major changes incorporated into
             the law will affect tariff classification.

                   In applying the HTSUSA, the Customs Service must follow
             the terms of the proposed statute.  Classification of goods
             under the HTSUSA is governed by the General Rules of Inter-
             pretation (GRI's).  GRI 1 provides that "classification shall
             be determined according to the terms of the headings and any
             relative section or chapter notes, and, provided such headings
             or notes do not otherwise require, according to [the remaining
             GRI's, taken in order]."  In other words classification is
             governed first by the terms of the headings of the tariff and
             any relative section or chapter notes.

                   The second part of heading 4202, HTSUSA, provides for
             handbags, among other articles, of certain specified mater-
             ials.  Considering the general appearance of the submitted
             samples, we agree that they are handbags.

                   The Explanatory Notes, the official interpretation of
             the HTSUSA at the international level, state that, as the
             heading itself specifies, "articles covered by the second part
             of the heading must . . . be only of the materials specified
             therein or must be wholly or mainly covered with such materi-
             als . . . ."  Since the specified materials include leather
             and textile materials, the bags are classified under heading
             4202.















                                           -3-



                   Subheadings 4202.21 and 4202.22, HTSUSA, provide for
             handbags, whether or not with shoulder strap, including those
             without handle.  Subheading 4202.21 covers those with outer
             surface of leather, or composition leather, or of patent
             leather; subheading 4202.22 includes those with outer surface
             of plastic sheeting or of textile materials.  Thus, classifi-
             cation depends on the composition of the outer surface.

                   The outer surface of all four bags is partly leather and
             partly textile materials.  Style 17001 has an outer surface of
             leather and a textile material coated, covered, or laminated
             with plastic on one side.  No subheading under heading 4202
             provides for handbags consisting of both leather and textile
             materials; thus, classification cannot be determined under
             GRI 1.

                   GRI 2(a) does not apply, since it refers to articles in-
             complete or unassembled.  GRI 2(b) provides:

                        Any reference in a heading to a material or sub-
                   stance shall be taken to include a reference to mixtures
                   or combinations of that material or substance with other
                   materials or substances.  Any reference to goods of a
                   given material or substance shall be taken to include a
                   reference to goods consisting wholly or partly of such
                   material or substance.  The classification of goods con-
                   sisting of more than one material or substance shall be
                   according to the principles of rule 3.

             Following GRI 6, GRI 2(b) also applies to classification of
             goods in the subheadings of a heading.  Thus, subheading
             4202.21, HTSUSA, for handbags with outer surface of leather,
             is taken to include handbags with outer surface of leather and
             other materials.  Subheading 4202.22, HTSUSA, for handbags
             with outer surface of textile materials, is taken to include
             handbags with outer surfaces of these materials together with
             other materials.  Classification of the bags will therefore be
             in accordance with GRI 3.

                   Under GRI 3(a), since each subheading on its face refers
             to part only of the materials in the bags, the two subheadings
             are regarded as equally specific, and therefore classification
             cannot be determined with reference to relative specificity.

                   GRI 3(b) provides that composite goods consisting of
             different materials, such as these leather and textile bags,
             that cannot be classified by reference to GRI 3(a) shall be
             classified as if they consisted of the material that gives












                                           -4-


             them their essential character, if that can be determined.
             The Explanatory Notes for GRI 3(b) state:

                        The factor which determines essential character
                   will vary as between different kinds of goods.  It may,
                   for example, be determined by the nature of the mater-
                   ial . . . its bulk, quantity, weight or value, or by the
                   role of a constituent material in relation to the use
                   of the goods.

                   Examination of the bags reveals that the most signifi-
             cant leather portion of each is the shoulder strap.  While the
             largest dimension of any of the bags is eight inches, the
             straps are four to five feet long.  On the body of the bags
             themselves, leather is used as piping or as binding on the raw
             edges.  Additionally, Style 17070 has a three-quarter-inch-
             wide leather strip on the flap.  Style 17001 has a one-and-
             three-eighths-inch-wide leather strip bearing the name
             "Esprit" across one side.  Style 17096 has a leather draw-
             string and flap, and a three-quarter-inch-wide strip down each
             side and across the front.  The outer surface of the actual
             bag in each case--the portion used to contain and carry per-
             sonal effects--consists almost entirely of textile materials.

                   The leather is used to make the trim and straps.  The
             bags are essentially textile, with leather trim.  In our view,
             the essential character of the bags is not determined by the
             material of the trim and straps, and we conclude that the
             goods are not classifiable as bags that are essentially
             leather.

                   No heading, legal note, explanatory note, or GRI re-
             quires that the bags be classified as leather if the leather
             in each weighs more than the textile materials.  In general,
             when an article that is essentially textile is composed of
             more than one textile material, it will be classified as if it
             consisted solely of that textile material that predominates by
             weight over any other single textile material.  Section XI,
             Note 2; Subheading Note 2.  However, there is no general rule
             that goods composed of more than one material are classified
             according to the material of which they are in chief weight.
             GRI 3(b) generally requires that such goods be classified
             according to the material that gives them their essential
             character, if they are not first classifiable according to
             GRI 1.
















                                           -5-


             HOLDING:

                   The submitted samples are classified under subheading
             4202.22.8050, HTSUSA, textile category 670, as handbags with
             outer surface of textile materials, assuming that the textile
             materials are of man-made fibers.  This classification repre-
             sents the present position of the Customs Service under the
             HTSUSA.  If there are changes before the effective date of
             January 1, 1989, this advice may not continue to be applic-
             able.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division












































             6cc:  Area Director, New York Seaport
             cc:   NIS Kevin Gorman
             cc:   CITA
             cc:   Legal Retrieval
             cc:   D. Cahill
             cc:   P. Robins

Source: rulings.cbp.gov — ruling 081763, retrieved 2026-10-12T05:18:00Z, republished verbatim. This digest is informational; only CBP issues binding rulings.

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