HQ 082332: Classification of 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 082332

                                   February 21, 1989


            CLA-2:CO:R:C:G  082332  SR  825217

            CATEGORY:  Classification

            TARIFF NO.:  HTSUS 4202.12.60; 4202.92.20

            Ms. Eileen T. Romito
            Sears, Roebuck and Co.
            Department 733X
            BSC 19-45
            Sears Tower
            Chicago, Illinois  60684

            RE:  Classification of luggage

            Dear Ms. Romito;

                 This is in reference to your letter of September 1, 1987,
            requesting the tariff classification of certain luggage under
            the Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 According to information provided by the importer the
            luggage is composed of 56 percent jute, 26 percent
            polypropylene and 18 percent polyvinyl chloride by weight.  The
            fabric is composed of a blend of the jute and polypropylene and
            has a polyvinyl backing.  Each piece is trimmed with leather
            look vinyl.  The set of luggage consists of:

                     15-1/2" x 11-1/2" x 6-1/2" - shoulder tote bag
                     21" x 13" x 10" - carry-on bag
                     45" x 24" x 4" - garment bag
                     30 inch pullman with wheels
                     28 inch pullman with wheels
                     26 inch pullman with wheels





















                                         - 2 -

            Although the luggage is imported packed in a common export
            carton with one piece nested within the larger, the importers
            catalogue depicts each piece sold separately at retail with
            individual prices.

            ISSUE:

                 Whether the luggage at issue is classifiable as luggage of
            textile or of plastic.

            LAW AND ANALYSIS:

                 General Rule of Interpretation (GRI) 3 provides for goods
            put up in sets for retail sale.  The merchandise at issue does
            not qualify as a set because the separate pieces are not sold
            at retail as a set.  Therefore, each piece must be classified
            individually.

                 Heading 4202, HTSUSA, provides for trunks, suitcases,
            vanity cases * * * .  In order to determine the subheading
            applicable to the goods, the outer surface material must be
            determined.  The outer surface of the luggage at issue is
            composed of both textile and vinyl.  Under GRI 3(b) if goods
            are comprised of more than one material the goods are
            classifiable according to the material that imparts the
            essential character of the item.

                 The Explanatory Note to Rule 3(b) states: "The factor
            which determines essential character will vary as between
            different goods.  It may, for example, be determined by the
            nature of the material or component, its bulk, quantity, weight
            or value, or by the role of a constituent material in relation
            to the use of the goods."

                 Headquarters Ruling Letter (HRL) 081373, dated October 17,
            1988, provides that a determination of essential character of
            the outer surface of luggage cannot be based solely on a
            physical measurement of the component materials of the outer
            surface area.  However, it was observed that such a measurement
            is of paramount importance in determining the make-up of the
            exterior surface.  This ruling stated that when viewing luggage
            and related products, the materials of the outer surfaces
            produce a visual impact which in many instances leaves little
            or no doubt as to what material gives the outer surfaces their
            essential character.

















                                         - 3 -

                 As well as providing a visual impact the outer surface
            provides a substantial portion of the structure of the luggage.
            It encloses the frame and contains the inside contents.  The
            outer surface of the merchandise at issue consists of a mix of
            56 percent jute and 26 percent polypropylene by weight.  Since
            the jute provides a substantial portion of the outer surface it
            provides the essential character of the luggage.

            HOLDING:

                 The 30, 28, and 26 inch pullman suitcases are classifiable
            under subheading 4202.12.60, HTSUSA, as trunks, suitcases, and
            similar containers, with outer surface of textile materials, of
            vegetable fibers and not of pile or tufted construction, other.
            The textile category number is 870, and the rate of duty is 6.5
            percent ad valorem.

                 The shoulder tote, carry-on and garment bags are
            classifiable under subheading 4202.92.20, HTSUSA, as trunks,
            suitcases, and similar containers, other, with outer surface of
            plastic sheeting or of textile materials, travel, sports and
            similar bags, with outer surface of textile materials, of
            vegetable fibers and not of pile or tufted construction, other.
            The textile category number is 870, and the rate of duty is 6.5
            percent ad valorem.

                 Due to the changeable nature of the statistical annotation
            (the ninth and tenth digits of the classification) and the
            restraint (quota/visa) categories, you should contact your
            local Customs office prior to importation of this merchandise
            to determine the current status of any import restraints or
            requirements.

                                        Sincerely,




                                        John Durant, Direector
                                        Commercial Rulings Division
















            6cc:  Area Director, New York Seaport
            SRosenow:jaj:1/23/89