HQ 083395: Beaded evening bag

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 083395

                                  February 12, 1990



          CLA-2:CO:R:C:G  083395  SR

          CATEGORY:  Classification

          TARIFF NO.:  7018.90.5000

          Mr. Peter Sonnenmark
          25 Hudson Street
          New York, N.Y. 10013

          RE: Beaded evening bag

          Dear Mr. Sonnenmark:

               This is in reference to your letter dated November 21, 1988,
          requesting the tariff classification of a beaded evening bag
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  A sample produced in the Republic of China
          was submitted.

          FACTS:

               The merchandise at issue is an evening bag that is wholly
          covered with glass beads.  The glass beads are sewn to a textile
          fabric base.  The bag has a metal cable shoulder strap.

          ISSUE:

               Whether the evening bag at issue is classifiable as a
          handbag or as an article of glass beads.

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is governed by the
          General Rules of Interpretation (GRI), taken in order.  GRI 1
          provides that classification shall be determined according to the
          terms of the headings and any relative section or chapter notes.

               Heading 4202, HTSUSA, provides for handbags of leather or
          composition leather, of plastic sheeting, of textile materials,


















                                         -2-

          of vulcanized fiber or of paperboard, or wholly or mainly covered
          with such materials.  To be classified under this provision the
          handbag at issue must be of one of the named materials;
          therefore, it must be determined whether the bag is of textile or
          of glass.

               The glass beads covering the outer surface are more than
          decoration; they cover the entire, or virtually entire, outer
          surface.  The Explanatory Notes constitute the official
          interpretation of the tariff at the international level.  The
          Explanatory Notes for heading 7018, HTSUSA, which provides for
          articles of glass beads, contain an exclusion for handbags and
          similar articles of leather or fabric, decorated with glass
          beads, imitation pearls or imitation precious or semiprecious
          stones (heading 4202).  We do not believe this exclusion
          precludes classification of the instant handbag under heading
          7018, HTSUSA, because the instant bags have their essential
          character provided by the the beads and thus are not considered
          "of fabric" or merely "decorated" with the beads within the
          meaning of the Explanatory Notes.  Therefore, because these bags
          are entirely covered with glass beads they are not classifiable
          under heading 4202, HTSUSA.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          7018.90.5000, HTSUSA, as articles of glass beads.  The rate of
          duty is 6.6 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division




























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