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HQ 083632

April 27 1989

CLA-2 CO:R:C:G 083632 DSN


TARIFF NO.: 4202.22.8050

Mr. Terry Mozaz
Import Manager
P.O. Box 1431
Fall River, MA 02722

RE: Classification of braided evening bags

Dear Mr. Mozaz:

This is in response to your inquiry of January 19, 1989, regarding classification of braided evening bags under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Two samples produced in China were submitted for examination.


Sample 1805 is a handbag composed of 100 percent rayon satin with a braided shoulder strap and braided overlay trim. The braided overlay trim measures approximately 3/4 of an inch to 1 5/8 inches from the top zipper closure.

Sample 3804 is composed of 100 percent rayon ribbed satin and has a braided shoulder strap. This bag can be used as a "clutch" or with the braided strap.

Photographs of other styles were also submitted to illustrate past and present styles.


Whether the samples at issue are classified under subheading 4202.22.40, HTSUSA.


Subheading 4202.22.40, HTSUSA, provides for handbags which have an outer surface of textile materials wholly or in part of braid. Since the instant samples are not wholly of braid, we must determine if they are "in part of braid". General Note 7(e)(ii) provides that "in part of," means that the goods contain a significant quantity of the named material. This is the same definition as under the Tariff Schedules of the United States Annotated (TSUSA). Under the TSUSA, we interpreted the term "significant" as applied to the phrase "in part of" as having a degree of usefulness, being meaningful or necessary. The HTSUSA has incorporated under general note 7(e), the de minimis rule to the above note. The de minimis rule as applied under the TSUSA, emphasizes the necessity of determining whether the amount of braid used has really changed or affected the nature of the article. HRL 073592 of June 12, 1984. Therefore, if an article contained a significant quantity of braid, and if that portion or quantity of braid served a useful purpose or affected the nature of the article or increased the salability of the item, it would be considered "in part of" braid. HRL 085617 of March 4, 1988.

Applying general note 7(e) and 7(e)(ii) to the instant samples, it is our opinion that there is not a significant quantity of braided material on either bag to really change or affect the nature of the article. There is also no indication that the use of braid as overlay trim on style 1805 or on the straps of both handbags increases the potential salability of the handbags. The utility of the handbags with the strap would be the same whether or not the material of the strap is of braided construction. Furthermore, style 3804 could be used as a clutch, thereby, eliminating the need for a strap.


In view of the foregoing, the samples at issue are classified under subheading 4202.22.8050, HTSUSA, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, of man- made fibers, textile category 670, and dutiable at the rate of 20 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categores, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restriants or requirements.


John Durant, Director

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