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HQ 957758

June 23, 1995

CLA-2 R:C:T 957758 ch


TARIFF NO.: 4202.22.8060

Ms. Jane Vergona
Total Port Clearance
10 Fifth Street
Valley Stream, New York 11581

RE: Modification of DD 802183; tariff classification of a handbag, with outer surface of paper yarn.

Dear Ms. Vergona:

In District Ruling (DD) 802183, dated October 11, 1994, you were advised that a ladies handbag with an outer surface of twisted paper yarns was classifiable in subheading 4202.22.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, with outer surface of vegetable fibers and not of pile or tufted construction. We have had occasion to review DD 802183 and find that the classification of the handbag in subheading 4202.22.6000, HTSUS, is partially in error.

Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of the proposed modification of DD 802183 was published May 17, 1995, in the Customs Bulletin, Volume 29, Number 20.


In DD 802183, the merchandise was described as follows:

The sample submitted with your request, Style 8015/8016 is a ladies handbag with an outer surface of twisted paper yarns. The bag measures approximately 10 x 9 inches with a non-detachable shoulder strap. It is fabric lined with a zippered interior compartment.


Whether the handbag with outer surface of twisted paper yarns is classifiable in subheading 4202.22.6000, HTSUS, which provides for certain handbags, with outer surface of vegetable fibers and not of pile or tufted construction; or subheading 4202.22.8060, HTSUS, which provides for handbags, with outer surface of other textile materials?


Subheading 4202.22, HTSUS, provides in part for handbags, with outer surface of textile materials. At the eight-digit classification level, handbags are further segregated according to the material composition of their outer surface. The instant handbag possesses an outer surface of paper yarns. In DD 802183, the paper yarns were classified as vegetable fibers of subheading 4202.22.6000, HTSUS.

Section XI, HTSUS, encompasses textiles and textile articles. Within Section XI, the classification of paper yarns is governed by heading 5308, HTSUS, which provides for "yarn of other vegetable fibers; paper yarns." The Explanatory Note to heading 5308, at page 747, delineates the scope of the heading:

(A) Yarn of other vegetable textile fibres.

This group covers yarns, whether single or multiple (folded), obtained by spinning the fibres of true hemp of heading 53.02, of the vegetable textile fibres of heading 53.04 or 53.05, or of the vegetable fibres not classified in Section XI (in particular those of Chapter 14, e.g. kapok or istle).

(B) Paper yarn.

This group covers yarns, whether single or multiple (folded), of paper.

Single yarns are obtained by twisting or rolling lengthwise strips of moist paper (sometimes coated); multiple (folded) yarns are obtained by doubling two or more single yarns.

The placement of the semi-colon in heading 5308 between the terms "yarns of other vegetable textile fibers" and "paper yarn," as well as the scope of the heading as set forth in the applicable Explanatory Note, indicate that paper yarn is a group of textile material distinct from yarns of vegetable textile fibers. For this reason, the instant handbag is not classifiable in subheading 4202.22.6000, HTSUS.

Subheading 4202.22 does not possess an eight-digit breakout dedicated specifically to handbags with an outer surface of paper yarns. Consequently, classification devolves to subheading 4202.22.8060, HTSUS, which provides for handbags, with outer surface of other textile materials.


DD 802183 is hereby modified. The subject merchandise is classifiable under subheading 4202.22.8060, HTSUS, which provides for handbags, whether or not with shoulder strap, including those without handle: with outer surface of textile materials: other: other, other, other. The applicable rate of duty is 19.8 percent ad valorem. The textile category is 871.

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 the subject of frequent negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available at the local Customs office.

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

In accordance with 19 U.S.C. 1625, this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decision pursuant to section 625 does not constitute a change of practice of position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR


John Durant, Director
Commercial Rulings Division

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