HQ 083632: Classification of 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 083632


                                    April 27 1989

          CLA-2 CO:R:C:G  083632 DSN

          CATEGORY:  Classification

          TARIFF NO.:  4202.22.8050

          Mr. Terry Mozaz
          Import Manager
          Trina
          P.O. Box 1431
          Fall River, MA 02722

          RE:  Classification of braided evening bags

          Dear Mr. Mozaz:

                This is in response to your inquiry of January 19, 1989,
          regarding classification of braided evening bags under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Two samples produced in China were submitted for
          examination.

          FACTS:

                Sample 1805 is a handbag composed of 100 percent rayon
          satin with a braided shoulder strap and braided overlay trim.
          The braided overlay trim measures approximately 3/4 of an inch to
          1 5/8 inches from the top zipper closure.

                Sample 3804 is composed of 100 percent rayon ribbed satin
          and has a braided shoulder strap.  This bag can be used as a
          "clutch" or with the braided strap.

                Photographs of other styles were also submitted to
          illustrate past and present styles.

          ISSUE:

                Whether the samples at issue are classified under
          subheading 4202.22.40, HTSUSA.  














                                         -2-

          LAW AND ANALYSIS:

                Subheading 4202.22.40, HTSUSA, provides for handbags which
          have an outer surface of textile materials wholly or in part of
          braid.  Since the instant samples are not wholly of braid, we
          must determine if they are "in part of braid".  General Note
          7(e)(ii) provides that "in part of," means that the goods contain
          a significant quantity of the named material.  This is the same
          definition as under the Tariff Schedules of the United States
          Annotated (TSUSA).  Under the TSUSA, we interpreted the term
          "significant" as applied to the phrase "in part of" as having a
          degree of usefulness, being meaningful or necessary.  The HTSUSA
          has incorporated under general note 7(e), the de minimis rule to
          the above note.  The de minimis rule as applied under the TSUSA,
          emphasizes the necessity of determining whether the amount of
          braid used has really changed or affected the nature of the
          article.  HRL 073592 of June 12, 1984.  Therefore, if an article
          contained 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 of March 4, 1988.

                Applying general note 7(e) and 7(e)(ii) to the instant
          samples, it is our opinion that there is not a significant
          quantity of braided material on either bag to really change or
          affect the nature of the article.  There is also no indication
          that the use of braid as overlay trim on style 1805 or on the
          straps of both handbags increases the potential salability of the
          handbags.  The utility of the handbags with the strap would be
          the same whether or not the material of the strap is of braided
          construction.  Furthermore, style 3804 could be used as a clutch,
          thereby, eliminating the need for a strap.

          HOLDING:

                In view of the foregoing, the samples at issue are
          classified under subheading 4202.22.8050, HTSUSA, which provides
          for handbags, whether or not with shoulder strap, including those
          without handle, with outer surface of textile materials, of man-
          made fibers, textile category 670, and dutiable at the rate of 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) categores, you should contact your local
          Customs office prior to importation of this merchandise to
          determine the current status of any import restriants or
          requirements.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division