HQ 085327: Internal Advice Request No. 35/89 Concerning the Tariff Classification of Certain Luggage

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 085327

                                 September 20, 1989

          CLA-2 CO:R:C:G 085327 SR

          CATEGORY: Classification

          TARIFF NO.: 4202.92.3030


          District Director of Customs
          Los Angeles, CA 90053-3379

          RE: Internal Advice Request No. 35/89 Concerning the Tariff
              Classification of Certain Luggage


               This request for Internal Advice was initiated by a letter
          dated June 8, 1989, from Lonathon D. Hurse, of Sears, Roebuck and
          Co.

          FACTS:

               The merchandise at issue consists of four bags that the
          inquirer claims to be handbags.  The Los Angeles District
          believes the bags are classifiable under subheading 4202.92.3030,
          HTSUSA, as travel bags with quota category 670-L.  The Port of
          Philadelphia Customs classified a shipment of the same goods
          under subheading 4202.22.8050, HTSUSA, as handbags with quota
          category 670-O.

               The inquirer provides the following descriptions of the
          merchandise:

               The bags are imported from the Republic of China in four
               different styles numbered 15840A, 15840B, 15840C and 15840D.
               The bags are made of concord nylon with ribbed vinyl trim.

               Style 15840A- has a single non-detachable strap, an
               organizer section, zippered front, and a large flap folding
               down over the organizer section with a Velcro closure.  The
               bag measures 13-7/8 inches by 10 inches.

               Style 15840B- is more aptly described as a traditional tote
               bag, opening at the top with a nylon zipper closing the bag
               on the inside; a front flap is held down by a Velcro
               fasteners, covers an organizer section; and a two piece
               strap is attached to both sides of the bag for hand carrying
               purposes.  The bag measures 20 inches by 13 inches.













                                         -2-

               Style 15840C- has a single non-detachable strap for carrying
               the bag by hand; one side of the bag consists of an
               organizer section covered by a flap held down by a Velcro
               fastener and a pouch pocket; two nylon zippers- one on the
               side and the other on top run the length of the bag.  The
               bag measures 13-1/2 inches by 10-3/4 inches.

               Style 15840D- has a single detachable shoulder strap and a
               carrying handle, it opens and closes on the top with a nylon
               zipper; an organizer section is covered by a flap and is
               held down by a Velcro fastener that is located in the side
               of the bag.  The bag measures 14-1/2 inches by 10-3/8
               inches.

          ISSUE:

               Whether the bags at issue are classifiable as travel bags or
          as handbags.

          LAW AND ANALYSIS:

               Heading 4202, HTSUSA, provides for:

               Trunks, suitcases, vanity cases, attache cases, briefcases,
               school satchels, spectacle cases, binocular cases, camera
               cases . . . and similar containers; traveling bags, toiletry
               bags, knapsacks and backpacks, handbags, shopping bags . . .
               sports bags . . . and similar containers, . . . of textile
               materials . . .

               The bags at issue cannot be classified as handbags as
          claimed by the importer.  The term "handbags" includes pocket
          books, purses, shoulder bags, clutch bags, and similar articles
          customarily carried by women or girls, but not including luggage,
          flat goods or shopping bags.  Tote bags are those bags that are
          larger than handbags.  They are substantially constructed and
          designed to contain various items including clothing and personal
          effects while traveling, and usually have at least one side which
          exceeds 12 inches in length.

               The smallest of the bags at issue measures 13 1/2 inches by
          10-3/4 inches.  The bags are not made of a very durable material;




















                                         -3-

          however, they each have a thick handle, and are made of a plastic
          that will protect the items placed inside from water, and there
          is a thicker plastic on the bottom for protection.  These bags
          could be used by females or males to carry personal belongings
          during travel.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          4202.92.3030, HTSUSA, which provides for trunks, suitcases;
          traveling bags, with outer surface of plastic sheeting, other,
          travel sports and similar bags, other, of man-made fibers, other
          The textile category number is 670-L, and the rate of duty is 20
          percent ad valorem.  You should inform the inquirer of this
          ruling.
                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division










































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