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HQ 960201

February 20, 1997

CLA-2 RR:TC:TE 960201 GGD


TARIFF NO.: 4202.92.3030

Ms. Ludene Murphree
The Gap, Inc.
345 Spear Street
San Francisco, California 94105

RE: Modification of Port Ruling Letter (PD) B80156; Style 168804 "Shopper Type Tote Bag;" Traveling or Shopping Bag; Not Handbag

Dear Ms. Murphree:

In PD B80156, issued January 6, 1997, three styles of nylon tote bags were classified in subheading 4202.22.8050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), textile category 670, which provides for "Handbags, whether or not with shoulder strap, including those without handle: With outer surface of sheeting of plastic or of textile materials: With outer surface of textile materials: Other: Other: Other, Of man-made fibers," with an applicable duty rate of 19.3 percent ad valorem. We have reviewed that ruling and, with respect to style 168804, have found it to be partially in error. Therefore, this ruling modifies PD B80156.


In your request for a binding classification ruling, dated December 4, 1996, style 168804 was described as a 100 percent nylon woven large tote bag with double bamboo handles and a detachable nylon shoulder strap. The bag had a zipper top closure and an interior zippered pocket against the back side. In your request, it was stated that the bag measured 16 inches in length by 12-5/8 inches in height by 6-3/8 inches in width. A -2-
frontal view sketch of style 168804 on a design specification sheet indicated similar dimensions. Examination of the actual sample, however, reveals that the bag measures approximately 16 inches in height by 12-5/8 inches in length by 6-3/8 inches in width.


Whether the merchandise is more properly classified in subheading 4202.22.8050, HTSUSA, as a handbag; or in subheading 4202.92.3030, HTSUSA, as a shopper or traveling bag other than a handbag.


Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and GRI.

Among other goods, heading 4202, HTSUS, provides for traveling bags, toiletry bags, handbags, and similar containers. Subheading 4202.22, HTSUS, provides for handbags. The word "handbag" is defined in Webster's New World Dictionary, Second College Edition, 1972, as: "1. a small container for money, toilet articles, keys, etc., carried by women; purse 2. a small suitcase or valise."

Subheading 4202.92, HTSUS, provides in part for travel, sports and similar bags. Additional U.S. Note 1 to chapter 42, HTSUS, states that:

[f]or the purposes of heading 4202, the expression "travel, sports and similar bags" means goods, other than those falling in subheadings 4202.11 through 4202.39, of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading.... -3-

In light of the manner in which the dimensions of style 168804 are configured, the container's large capacity, and its resemblance to a shopping bag, we find that the item is properly classified in subheading 4202.92.3030, HTSUSA.


The traveling/shopping bag identified as style 168804 is properly classified in subheading 4202.92.3030, HTSUSA, textile category 670, the provision for "Travel, sports and similar bags: With outer surface of textile materials: Other, Other: Of man-made fibers: Other." The applicable column one duty rate is 19.3 percent ad valorem.

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.

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.

PD B80156, issued January 6, 1997, is hereby modified.


John Durant, Director

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