HQ 084250: Classification of glass beaded handbags from China

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 084250

                                  July 14, 1989


      CLA-2 CO:R:C:G  084250  CMR

      CATEGORY: Classification

      TARIFF NO.: 7018.90.5000

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

      RE: Classification of glass beaded handbags from China

      Dear Mr. Langtry:

           This ruling is in response to your letter of March 21, 1989, on
      behalf of Seychelles Imports, requesting the classification of two
      styles of glass beaded handbags.

      FACTS:

           Two sample handbags were submitted for review.  One is a
      drawstring style, the other has a zipper closure.  The handbags are
      made of rayon satin fabric and glass beads.  The outer surfaces of
      each bag are completely covered with the glass beads with the
      exception of the top 5.5 centimeters of the drawstring style.  The
      rayon fabric serves as the backing for the beads and the lining
      fabric.  A thin foam padding is inserted between the backing and
      lining.  The shoulder straps on each bag are rayon cord.

      ISSUE:

           Are the handbags at issue classifiable in subheading 7018,
      HTSUSA, which provides for, among other things, glass beads and
      articles thereof other than imitation jewelry, or in subheading 4202,
      HTSUSA, which provides for, among other things, handbags?

      LAW AND ANALYSIS:

           Classification of goods under the HTSUSA is in accordance with
      the General Rules of Interpretation (GRI's), taken in order.  GRI 1
      provides that "classification shall be determined according to the












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      terms of the headings and any relative section or chapter note, and,
      provided such headings or notes do not otherwise require, according
      to [the remaining GRI's taken in order]."

           Handbags are generally classified under heading 4202, HTSUSA,
      which provides for, among other things, 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 handbags before us, however, are made of textile
      material and glass beads.

           At first glance, it appears the handbags may be classified in
      heading 4202, HTSUSA, or heading 7018, HTSUSA, which provides for,
      among other things, glass beads and articles thereof other than
      imitation jewelry.  In order to determine which heading is
      applicable, we must look to the Explanatory Notes which are the
      official interpretation of the HTSUS at the international level.

           The Explanatory Notes for heading 4202, HTSUSA, state that
      "[t]his heading covers only the articles specifically named therein
      and similar containers."  The notes go on to say, "The articles of
      the second part of the heading [the part in which handbags are named]
      must,. . ., be only of the materials specified therein or must be
      wholly or mainly covered with such materials (the foundation may be
      of wood, metal, etc.) (underline added).

           It appears fairly clear from the Explanatory Notes that in order
      to be classified within the provisions of heading 4202, HTSUSA, the
      handbags at issue must be only of textile materials, not textile
      materials and glass beads, or must have outer surfaces which are
      wholly or mainly covered with textile materials.  Since the handbags
      are completely covered with the glass beads, they cannot be
      classified under heading 4202, HTSUSA, because they do not fall
      within the terms of the heading.

           The Explanatory Notes for heading 7018, HTSUSA, contain an
      exclusion for "[h]andbags and similar articles of leather or fabric,
      decorated with glass beads, imitation pearls or imitation precious or
      semi-precious stones (heading 42.02)."  We do not believe this
      exclusion precludes classification of the subject handbags.  The
      glass beads covering the outer surfaces of these handbags are more
      than decoration; they cover the entire, or virtually entire, outer
      surfaces.  Because of this, as previously discussed, the handbags
      cannot be classified in heading 4202.

















                                       -3-


      HOLDING:

           The handbags at issue are classifiable as articles of glass
      beads in subheading 7018.90.5000, HTSUSA, dutiable at 6.6 percent ad
      valorem.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division
















































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins