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 > 1991 HQ Rulings > HQ 0087959 - HQ 0088054 > HQ 0088050

Previous Ruling Next Ruling

HQ 088050

January 10, 1991

CLA-2 CO:R:C:G 088050 CC 855066


TARIFF NO.: 4202.22.8050

Mr. Jack M. Maleh
Cradle Togs, Inc.
77 South First Street
Elizabeth, N.J. 07206

RE: Reconsideration of DD 855066; classification of children's handbags; not in part of braid; classified under subheading 4202.22.8050

Dear Mr. Maleh:

This letter is in response to your request for reconsideration of DD 855066, dated August 13, 1990, concerning the classification of children's handbags. Samples were available for examination except for Style 29914.


The merchandise at issue, designated by you as style numbers 29550, 29914, and 9371, is children's handbags. They each measure approximately 5 inches by 4 inches and are made of a mixture of 65 percent polyester and 35 percent cotton. A shoulder strap, measuring approximately 24 inches long, is sewn to both sides of each handbag. Near the top of each bag is a small braided strip of fabric, which measures approximately 1/8- inch wide and which serves to gather the top of the bag closer together. On style 29550 the strip of braid is sewn into the fabric so that it cannot be seen; on style 9371 the strip of braid is visible.


Whether the merchandise at issue is classifiable under subheading 4202.22.40 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 4202, HTSUSA, provides for handbags, among other articles. The merchandise at issue can be used by children to carry small items. It is best described as a handbag and is classifiable in Heading 4202.

You believe that the appropriate subheading for this merchandise is 4202.22.40, HTSUSA, which provides for articles wholly or in part of braid. General Note 7 to the HTSUSA provides in pertinent part the following:

Definitions. For the purposes of the tariff schedule, unless the context otherwise requires--


(e) The terms "wholly of", "in part of", and "containing", when used between the description of an article and a material (e.g., "woven fabrics, wholly of cotton"), have the following meanings:


(ii) "in part of" or "containing" mean that the goods contain a significant quantity of the named material.

With regard to the application of the quantitative concepts specified above, it is intended that the de minimis rule apply.

The de minimis rule states that an ingredient or component of an article may be ignored for classification purposes depending upon "whether or not the amount used has really changed or affected the nature of the article and, of course, its salability." Varsity Watch Company v. United States, 34 CCPA 155, C.A.D. 359 (1947). The Customs Service has determined in application of the de minimis rule to "in part of braid" that if the quantity of braid in the sample submitted served a useful purpose or affected the nature of the article or increased the salability of the article, it would be considered in part of braid. See, e.g., HRL 084340, dated August 9, 1989.

The amount of braid on this merchandise is very small and in one sample is not visible at the surface. In addition, we do not believe that the braid changes or affects the nature of this merchandise or its salability. Therefore this merchandise is not classifiable as wholly or in part of braid in subheading 4202.22.40, HTSUSA.


The merchandise at issue is classified under subheading 4202.22.8050, HTSUSA, which provides for handbags, with outer surface of textile materials, other, other, other, of man-made fibers. The rate of duty is 20 percent ad valorem, and the textile category is 670.

DD 855066, dated August 13, 1990, is affirmed.

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

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.


John Durant, Director

Previous Ruling Next Ruling

See also: