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 > 2000 NY Rulings > NY F84016 - NY F84068 > NY F84039

Previous Ruling Next Ruling
NY F84039

March 15, 2000

CLA-2-42:RR:NC:TA:341 F84039


TARIFF NO.: 4202.22.8080

Ms. Shelly Pappas
Limited Distribution Services
Seven Limited Parkway
Reynoldsburg, OH 43068

RE: Amendment to NY Ruling E88939 dated January 13, 2000.

Dear Ms. Pappas:

In your letter dated February 29, 2000, you requested an amendment to classification ruling NY E88939 that was issued to you on January 13, 2000 from this office. You have brought to our attention that the 4th paragraph of the ruling contained incorrect information referring to the item as a “tote bag” instead of a “handbag”.

In the original ruling, NY E88939, style 8699C was classified as a handbag under 4202.22.8080. Paragraph four of the ruling letter states: “style 8699C is similar to the eo nomine exemplar “shopping bags” and is mainly covered with textile materials”. However, the correct paragraph should read “HANDBAGS” instead of “shopping bags”. All other information in the original letter remains the same.

The sample submitted is identified as style 8699C. It is a handbag composed of an outer shell wholly of woven unspun raffia plaiting materials within which horizontal ribbons of textile materials are woven. There is an inner layer of braided plaiting materials, which are sewn together and form a backing behind the outer materials. The bag is lined with cotton textile material that has a small change pocket. It has double handles of clear plastic covered raffia. The overall size of the bag is 12'' wide by 8" high and 3" gusset. There is no top closure. The textile ribbons are equally alternating of cotton, polyester and wool. The bag is mainly covered with the textile materials. Your sample is being returned as requested.

You have indicated that the woven raffia bag body imparts the essential character of the article. This office does not consider the raffia as imparting the essential character

Heading 4202, HTSUSA, consists of two sections. The first half of the heading is not limited by materials, therefore goods that are either eo nomine provided or similar containers can be classified in the heading regardless of the materials from which it is manufactured. However, goods which are either eo nomine or similar to those of the second half must be either of a named material or wholly or mainly covered with such materials. Textile is a named material. Style 8699C is similar to the eo nomine exemplar '"HANDBAGS" and is mainly covered with textile materials. Therefore, style 8699C is classifiable in heading 4202, HTSUSA. There is no one textile material, which imparts the essential character. The classification will be according to that which appears last in the appropriate subheading 4202.22, HTSUSA.

The applicable subheading for style 8699C, handbag, will be 4202.22.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, other. The duty rate will be 18.6 percent ad valorem.

HTS 4202.22.8080 falls within textile category designation 871. Based upon international textile trade agreements products of China are subject to the requirement of a visa.

Style 8699C is subject to the Wool Products Labeling Act of 1939

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-637-7091.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: