United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0085313 - HQ 0085377 > HQ 0085327

Previous Ruling Next Ruling

HQ 085327

September 20, 1989

CLA-2 CO:R:C:G 085327 SR


TARIFF NO.: 4202.92.3030

District Director of Customs
Los Angeles, CA 90053-3379

RE: Internal Advice Request No. 35/89 Concerning the Tariff Classification of Certain Luggage

This request for Internal Advice was initiated by a letter dated June 8, 1989, from Lonathon D. Hurse, of Sears, Roebuck and Co.


The merchandise at issue consists of four bags that the inquirer claims to be handbags. The Los Angeles District believes the bags are classifiable under subheading 4202.92.3030, HTSUSA, as travel bags with quota category 670-L. The Port of Philadelphia Customs classified a shipment of the same goods under subheading 4202.22.8050, HTSUSA, as handbags with quota category 670-O.

The inquirer provides the following descriptions of the merchandise:

The bags are imported from the Republic of China in four different styles numbered 15840A, 15840B, 15840C and 15840D. The bags are made of concord nylon with ribbed vinyl trim.

Style 15840A- has a single non-detachable strap, an organizer section, zippered front, and a large flap folding down over the organizer section with a Velcro closure. The bag measures 13-7/8 inches by 10 inches.

Style 15840B- is more aptly described as a traditional tote bag, opening at the top with a nylon zipper closing the bag on the inside; a front flap is held down by a Velcro fasteners, covers an organizer section; and a two piece strap is attached to both sides of the bag for hand carrying purposes. The bag measures 20 inches by 13 inches.

Style 15840C- has a single non-detachable strap for carrying the bag by hand; one side of the bag consists of an organizer section covered by a flap held down by a Velcro fastener and a pouch pocket; two nylon zippers- one on the side and the other on top run the length of the bag. The bag measures 13-1/2 inches by 10-3/4 inches.

Style 15840D- has a single detachable shoulder strap and a carrying handle, it opens and closes on the top with a nylon zipper; an organizer section is covered by a flap and is held down by a Velcro fastener that is located in the side of the bag. The bag measures 14-1/2 inches by 10-3/8 inches.


Whether the bags at issue are classifiable as travel bags or as handbags.


Heading 4202, HTSUSA, provides for:

Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases . . . and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags . . . sports bags . . . and similar containers, . . . of textile materials . . .

The bags at issue cannot be classified as handbags as claimed by the importer. The term "handbags" includes pocket books, purses, shoulder bags, clutch bags, and similar articles customarily carried by women or girls, but not including luggage, flat goods or shopping bags. Tote bags are those bags that are larger than handbags. They are substantially constructed and designed to contain various items including clothing and personal effects while traveling, and usually have at least one side which exceeds 12 inches in length.

The smallest of the bags at issue measures 13 1/2 inches by 10-3/4 inches. The bags are not made of a very durable material;
however, they each have a thick handle, and are made of a plastic that will protect the items placed inside from water, and there is a thicker plastic on the bottom for protection. These bags could be used by females or males to carry personal belongings during travel.


The merchandise at issue is classifiable under subheading 4202.92.3030, HTSUSA, which provides for trunks, suitcases; traveling bags, with outer surface of plastic sheeting, other, travel sports and similar bags, other, of man-made fibers, other The textile category number is 670-L, and the rate of duty is 20 percent ad valorem. You should inform the inquirer of this ruling.

John Durant, Director

Previous Ruling Next Ruling

See also: