HQ 084340: Classification of certain braided 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 084340

	August 8, 1989


 CLA2 CO:R:C:G  084340  HP  839533

 CATEGORY:  Classification

 TARIFF NO.:  4202.22.4500,  4202.22.8050

 Mr Marty Langtry
 Castelazo & Associates
 5420 West 104th Street
 Los Angeles, California 90045

 RE: Classification of certain braided evening bags

 Dear Mr. Langtry:

 	This ruling is in response to your letter of April 10, 1989,  to our San Pedro office,
 for classification of certain braided evening bags, stated to have been produced in Hong
 Kong, under the Harmonized Tariff Schedule of the United States  Annotated (HTSUSA).
 Three samples were submitted for examination.

 FACTS:

 	The submitted samples consist of three styles of braided  evening bags.  Style 44311
 measures approximately 28 by 18 centimeters.  The handbag's body  is a textile fabric
 comprised by weight of 55 percent rayon and 45 percent silk.  The braided shoulder
 strap is of 100 percent nylon.  The handbag is closed by means of  a metal snap.

 	Style 64279 measures approximately 28 by 18 centimeters.   The body of the handbag
 is 100 percent rayon.  The braided shoulder strap is of 100  percent nylon.  The front
 panel has a ribbed portion covering approximately 75 percent of  the panel.  An or
 namental bow with three crystals is attached to the upper right  portion of the front
 panel.  The handbag may be closed by a zipper and/or one of two  metal snaps.

 	Style 44300 measures approximately 21 by 14 centimeters.   The body of the handbag
 is 100 percent cotton.  The braided shoulder strap is 100 percent nylon.  An ornamental
 braided overlay trim is attached to the front panel of the handbag approximately 5/16
 of an inch from the top closure.  The handbag is closed by means of a zipper.  The  zipper has a tassel attached to it.
	2

 ISSUE:

 	Whether the braided shoulder straps render the samples  "wholly or in part of braid"
 for classification purposes under the HTSUSA.

 LAW AND ANALYSIS:

 	Subheading 4202.22.40, HTSUSA, provides for handbags having  an outer surface of
 textile materials, wholly or in part of braid.  As the outer  surface of the samples is not
 "[w]holly ... of braid," classification must lie in whether the  merchandise represented by
 the samples is "in part of braid."  Classification of products  under the HTSUSA is
 governed by the sequential application of the General Rules of  Interpretation (GRI's).
 Goods which cannot be classified in accordance with GRI 1 are to  be classified in
 accordance with subsequent GRI's, taken in order.

   	All Styles

 	GRI 1 provides that classification shall be determined  according to the terms of the
 headings and any relative section or chapter notes.  General Note  7 provides, in
 pertinent part,

 	Definitions.  For the purposes of the tariff schedule, unless the context other-
 	wise 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 [of the
 ingredient or component] has really changed or affected the  nature of the article...."
 HRL 081483 of April 27, 1989 (quoting Varsity Watch Co. v. United States, 34 CCPA 155,
 C.A.D. 359 (1947)).  Therefore, if the quantity of braid in the  samples submitted
	3

 "served a useful purpose or affected the nature of the [handbag]  or increased the
 salability of the [handbag], [the handbag] would be considered '  in part of' braid."  HRL
 083632 of April 27, 1989 (citing HRL 085617 of March 4, 1988).  See HRL 081483,
 supra, for a discussion on whether an article is "in part of" an  ingredient for tariff
 classification purposes.   Applying General Note 7(e)(ii) and the above interpretations
 to the instant samples,  it is the opinion of the Customs Service that there does not
 exist a significant quantity of braided material on any of the handbags to effectively alter
 or affect the nature of  the article.  There is also no indication that the braided
 overlay trim on style 44300 or  the braided shoulder straps on all the samples increases the
 potential salability of the  handbags.  It appears that the utility of the samples would be
 the same whether the  material of the strap is of braid or otherwise.

 Style 44311

 	The Explanatory Notes to the HTSUSA constitute the official interpretation of
 the tariff at the international level.  Explanatory Note (XIII)  to GRI 2 states that " ...
 goods consisting of more than one material or substance, if prima  facie classifiable
 under two or more headings, must therefore be classified  according to the principles of
 Rule 3."  Explanatory Note (V) to GRI 3  provides that  

... when two or more headings refer to part only of the  materials or substances  
contained in mixed ... goods ..., those headings are to be regarded as equally  
specific in relation to those goods ....  In such cases, the classification of the
 	goods shall be determined by Rule 3(b) or 3(c).

 Explanatory Note (VII) to GRI 3 determines that

 	[i]n all ... [Rule 3(b)] cases the goods are to be classified as if they consisted of
 	the material or component which gives them their essential character, insofar as
 	this criterion is applicable.

   The Customs Service has determined that this reasoning  requires products of Chapter
 42, containing two or more textile materials, to be regarded as consisting wholly of that
 textile material which comprises the greater percentage of  material by weight.  As a
 result, Style 44311 is considered wholly of manmade fibers (Rayon) for classification
 purposes under GRI 3(b).

 HOLDING:

    In view of the foregoing, we find that the braided construction of the handbags'
 straps is not present in a significant quantity so as to cause  the handbag to be "in part
 of braid."  Therefore, the applicable provisions for the styles  submitted are as follows:

 	4


Style 44300

 	Subheading 4202.22.4500, textile category 369, as  handbags, whether or not with
 shoulder strap, including those without handle, with outer  surface of textile materials,
 other, of vegetable fibers and not of pile or tufted construction, of cotton.  The rate of
 duty is 7.2 percent ad valorem.  

Style 64279

 	Subheading 4202.22.8050, textile category 670, as  handbags, whether or not with
 shoulder strap, including those without handle, with outer  surface of textile materials,
 other, other, other, of manmade fibers.  The rate of duty is 20  percent ad valorem.

 Style 44311

 	Subheading 4202.22.8050, textile category 670, as  handbags, whether or not with
 shoulder strap, including those without handle, with outer  surface of textile materials,
 other, other, other, of manmade fibers.  The rate of duty is 20  percent ad valorem.

 	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 importing the merchandise to determine the current
 applicability of any import restraints or requirements.

                          				Sincerely,

                          				John Durant, Director
                          				Commercial Rulings Division