HQ 084748: Tariff classification of a fully glass beaded handbag

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 084748

                                   August 22, 1989


          CLA-2 CO:R:C:G 084748 DFC

          CATEGORY: Classification

          TARIFF NO.: 7018.90.5000

          Ms. L. Ephie Hearne
          Sekin Transport International
          1245 Royal Lane
          DFW Airport, Texas 75261

          RE: Tariff classification of a fully glass beaded handbag

          Dear Ms. Hearne:

               Your letter dated May 9, 1989, addressed to our New York
          office concerning the tariff classification of a fully glass
          beaded handbag made in China, has been referred to this office
          for a direct reply to you.  A sample was submitted for
          examination.

          FACTS:

               Sample # 3 designated as style # 20849 is a black rayon
          handbag with scalloped top and round body with scale designs. The
          beads are black and white with scale pattern.  They are of
          various sizes and are attached by thread sewn onto a black rayon
          cover.  There is a black nylon zipper across the top of the
          handbag which measures approximately 8 inches long.  Along the
          scalloped top there are two rows of 1/16 inch diameter, round
          glass beads.  Along the outer seam of the bag are 4 rows of
          black, 1/16 inch diameter, round glass beads.  The scale pattern
          on each side of the bag  is outlined in 1/16 inch diameter round,
          white glass beads.  The shoulder strap is black braided rayon
          with an approximately 22 inch drop from the shoulder.

          ISSUE:

               Is the handbag classifiable as a handbag or is it
          classifiable as an article of glass beads?

          LAW AND ANALYSIS:

               Classification of goods under the Harmonized Tariff Schedule
          of the United States (HTSUSA), is in accordance with the General
          Rules of Interpretation (GRI's), taken in order. GRI 1 provides













                                        - 2 -

          that "classification shall be determined according to the terms
          of the headings and any relative section or chapter notes, 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, inter alia, 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.

                At first glance, it appears that the handbag may be
          classified in heading 4202, HTSUSA, or heading 7018, HTSUSA, as
          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, "[t]he
          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 handbag 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 handbag is completely covered with glass
          beads, it cannot be classified under heading 4202, HTSUSA,
          because it does 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 semiprecious stones (heading 42.02)."  We do not
          believe this exclusion precludes classification of the instant
          handbag.  The glass beads covering the outer surface are more
          than decoration, they cover the entire, or virtually entire outer
          surface. Because of this, as previously discussed, the handbag
          cannot be classified in heading 4202.

















                                        - 3 -

          HOLDING:

                The sample handbag is classifiable  under subheading
          7018.90.5000, HTSUSA, as articles of glass beads with duty at the
          rate of 6.6 percent ad valorem.

                                     Sincerely,




                                     John Durant, Director,
                                     Commercial Rulings Division











































          cahill library 084748
          6cc AD NY Seaport
          1cc John Durant
          1cc Kevin Gorman NY Seaport
          DFCahill:jaj:8/2/89