HQ 084075: Classification of evening bags

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084075

                                    July 14, 1989



          CLA-2:CO:R:C:G  084075  SR

          CATEGORY:  Classification

          TARIFF NO.:  4202.22.8050

          Ms. Debbie DeEsposito
          American Shipping Company
          600 Sylvan Avenue
          P.O. Box 1486
          Englewood Cliffs, N.J. 07632

          RE: Classification of evening bags

          Dear Ms. DeEsposito:

               This is in reference to your letter dated March 16, 1989,
          requesting the tariff classification of evening bags under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Samples produced in Hong Kong were submitted.

          FACTS:

               The merchandise at issue consists of five evening bags.  The
          bags are made of a rayon satin that has been partially covered
          with glass beads.  They all have a braided shoulder strap.  The
          outer surface is considered to be essentially of textile
          materials.

          ISSUE:

               Whether the evening bags at issue are considered to be in
          part of braid.

          LAW AND ANALYSIS:

               Subheading 4202.22.40, HTSUSA, provides for handbags of
          textile materials, wholly or in part of braid.  General Note
          7(e)(ii), HTSUSA, defines "in part of" as goods that contain a
          significant quantity of the named material.  This note also
          states that with regard to the application of the quantitative
          concepts specified, it is intended that the de minimis rule
          apply.  The de minimis rule as applied under the Tariff Schedules
          of the United States (TSUS), emphasizes the necessity of














                                         -2-

          determining whether the amount of braid used has really changed
          or affected the nature of the article.  HRL 073592 dated June 12,
          1984.  If an article contains a significant quantity of braid,
          and if that portion or quantity of braid served a useful purpose
          or affected the nature of the article or increased the salability
          of the item, it would be considered in part of braid.  HRL 085617
          dated March 4, 1988.

               HRL 083632 dated April 27, 1989, dealt with evening bags
          that have a braided shoulder strap as well as braided overlay
          trim.  This ruling found that there is not a significant quantity
          of braided material on the evening bags to change or affect the
          nature of the article.  It was determined that the braid did not
          increase the utility or the potential salability of the handbags.

               The braid on the handbags at issue does not increase the
          utility or the potential salability of the handbags.  The
          shoulder strap would serve the same function whether or not it is
          braided.  One of the styles of the handbags at issue can also be
          used as a clutch and the strap would not be necessary at all.

               Heading 4202, HTSUSA, provides for handbags of leather or of
          composition leather, of plastic sheeting, of textile materials,
          of vulcanized fiber or of paperboard, or wholly or mainly covered
          with such materials.  The appropriate subheading for goods under
          this heading is determined by the material of the outer surface.
          The bags are classifiable under subheading 4202.22.8050, HTSUSA,
          which provides for handbags of textile material.  Although the
          bags have glass beads on the exterior surface the beads do not
          provide the essential character of the bag so as to cause the
          handbag to be classified as having an outer surface of glass
          under the appropriate subheading in Chapter 70, HTSUSA.  This is
          in accordance with General Rules of Interpretation 2(b) and 3(b),
          which provide that when goods are classifiable under two or more
          headings they shall be classified as if they consisted of the
          material or component which gives them their essential character.
          Moreover, the Explanatory Notes to heading 7018, HTSUSA, exclude
          from that heading handbags and similar articles of leather or
          fabric decorated with glass beads.

               The essential character of the bags is imparted by the
          textile.  The textile material provides more of the external
          surface area, even on bags that have bead designs scattered
          throughout the bag.  The textile provides the shape of the bag
          and provides more bulk.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          4202.22.8050, HTSUSA, which provides for handbags, of textile
          material, whether or not with shoulder strap, with outer surface
          of textile material, other, other, other, of man-made fiber.  The










          textile category number is 670, the rate of duty is 20 percent ad
          valorem.  






























































                                         -3-

               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 your local
          Customs office prior to importation of this merchandise to
          determine the current status of any import restraints or
          requirements.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division
















































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference