Classification of a five-piece luggage set

Active· CBP ruling HQ 082171· Issued 1988-10-17

Ruling
HQ 082171
Issued
Status
Active
Category
Classification
HS prefixes
4202.12
Tariff numbers
4202.12.8070

Ruling text

HQ 082171

                                  October 17, 1988



          CLA-2 CO:R:C:G:  082171 DSN

          CATEGORY:  Classification

          TARIFF NO.:  4202.12.8070

          Mr. John Goodrich
          International Operations
          Fingerhut Corporation
          4400 Baker Road A-195
          Minnetoka, Minnesota 55343

          RE:  Classification of a five-piece luggage set

          Dear Mr. Goodrich:

               Your inquiry of August 28, 1987, addressed to our New York
          office concerning the tariff classification of a five-piece
          luggage set under the Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), was referred to this office for a
          direct reply.  Classification of the merchandise under the
          current Tariff Schedules of the United States (TSUSA) was
          furnished previously from our New York office.  Samples produced
          in Korea were submitted for examination.

          FACTS:

               The samples identified as PC-43256, contain one twenty-four
          inch and one twenty-one inch wire framed pullman type suitcase, a
          fifteen inch carry-on shoulder tote bag, a nine and one-half inch
          travel bag, and an eleven inch ladies' shoulder bag.  All five
          pieces are constructed of parachute nylon textile material, and
          all contain a monogram of the letter "A" on the front face.
          According to information provided by your staff, the items are
          packaged in a large shipping box which contains individual
          remailable cardboard boxes intended for retail sale.

               Both the twenty-four inch and the twenty-one inch pullman
          suitcases have a zipper going across the top, down the sides and
          around the bottom.  They also feature a zipper going across the
          front, which opens up to pocket compartments.  There are two
          carry handles sewn at the bottom which attach approximately three
          inches from the top.  The inside of the suitcases contain two one
          inch wide straps, one sewn at the top and one sewn onto the














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          bottom of the cases.  These straps have an adjustable metal
          buckle.

               The shoulder tote measures approximately fifteen inches by
          ten inches by four and one-half inches.  It has a zipper across
          the top with double adjustable straps sewn to each side and is
          thirty-three and one-half inches long when fully extended.  There
          is a zippered pocket inside the tote which attaches at the top
          back.  There are five pockets on the front, one is zippered, one
          has a flap secured with velcro, and the remaining three are open.

               The purse measures approximately eleven inches by eight by
          four inches.  It features a double adjustable shoulder strap with
          metal buckle that is thirty-three inches long when fully
          extended.  There is a zippered pocket inside the purse which
          attaches to the top back.  On the outside of the purse is a front
          flap pocket secured with velcro.

               The travel bag measures approximately nine and one half
          inches by seven and one half inches.  This bag zips across the
          front and features a six and one-half inch handle.

          ISSUE:

               Is the merchandise classified separately or as a set?

          LAW AND ANALYSIS:

               Under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA), classification of goods is governed by the
          General Rules of Interpretation (GRI's) taken in order.  GRI 1
          provides that the starting point is the terms of the headings and
          subheadings of the tariff and any relevant section and chapter
          notes.  Heading 4202 provides for suitcases, handbags and travel
          bags.  Subheading 4202.12. provides for suitcases, subheading
          4202.22. provides for handbags and subheading 4202.91. provides
          for travel bags.  No subheading specifically provides for
          suitcases, handbags and travel bags together.

               GRI 2(a) is inapplicable to the present merchandise because
          it concerns incomplete or unassembled articles.  GRI 2(b) is also
          inapplicable because no question arises in this case of headings
          that refer to materials or substances.

               GRI 3 provides for goods that are prima facie classifiable
          under two or more headings.  Since the suitcases, handbags and
          travel bags are classified under different subheadings, GRI 3 is
          applicable.

               GRI 3(a) provides that when two or more headings each refer












                                         -3-

          to part only of the items in a set put up for retail sale, those
          headings are to be regarded as equally specific in relation to
          those goods.  Each subheading is regarded as equally specific
          when each refers to part only of the items in a set put up for
          retail sale.  Subheadings 4202.12, 4202.22 and 4202.91 each refer
          to part only of a set for retail sale.  Therefore, the subhead-
          ings are regarded as equally specific, and the classification of
          the suitcases, handbags and travel bags cannot be determined by
          relative specificity.

               GRI 3(b) provides that goods put up in sets for retail sale,
          which cannot be classified by reference to 3(a), shall be
          classified as if they consisted of the material or component
          which gives them their essential character.

               According to the Explanatory Notes which constitute the
          official interpretation of the HTSUSA at the international level,
          note (X)(a) to GRI 3(b), refers to "goods put up in sets for
          retail sale" as meaning goods which (a) consist of at least two
          different articles which are, prima facie, classifiable in
          different headings and (b) consist of products or articles put up
          together to meet a particular need or carry out a specific
          activity and (c) are put up in a manner suitable for sale
          directly to users without repacking.  The instant merchandise
          fits squarely within the definition of "goods put up in sets for
          retail sale."  As previously stated, the suitcases, handbags and
          travel bags are classifiable in different subheadings.  The
          merchandise fulfills a particular need of the purchaser by
          providing a luggage and handbag set for traveling that is
          visually identifiable as belonging together.  The items are
          intended to be sold together because they are packaged as sets in
          remailable boxes for retail sale.  For the above stated reasons
          we believe this merchandise is a set for classification purposes.

               Inasmuch as the merchandise is considered a set, we must now
          determine which material or component gives this merchandise its
          essential character.  Pursuant to Explanatory Note (VIII) to GRI
          3(b), essential character may be determined by the nature of the
          material or component, its bulk, quantity, weight or value, or by
          the role of a constituent material in relation to the use of the
          goods.  It is our view, that the essential character of the set
          is imparted by the two pullman-type suitcases by virtue of the
          quantity and value of each.

          HOLDING:

               In view of the foregoing, the luggage set is properly















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          classified under subheading 4202.12.8070, HTSUSA, which provides
          for trunks, suitcases, and similar containers, with outer surface
          of textile materials, other, of man-made fibers, textile category
          670, dutiable at the rate of 20 percent ad valorem.  This
          classification represents the present position of the Customs
          Service regarding the dutiable status of the merchandise under
          the HTSUSA.  If there are changes before the effective date,
          this advice may not continue to be applicable.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division

Source: rulings.cbp.gov — ruling 082171, retrieved 2026-10-12T05:18:04Z, republished verbatim. This digest is informational; only CBP issues binding rulings.

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