HQ 081265: Tariff Classification of a lady's travel bag with accessories

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 081265

                                     April 24 1989



            CLA-2 CO:R:C:G  081265 c

            CATEGORY:  Classification

            TARIFF NO.:  4202.92.1500; 4202.93.3030

            Mr. David Krakauer
            Vice President-Operations
            Roger Gimbel Accessories, Inc.
            4 West 33rd Street
            New York, New York  10001-3386

            RE:  Tariff Classification of a lady's travel bag with
                 accessories

            Dear Mr. Krakauer:

                 In a letter dated September 21, 1987, you inquired as to
            the dutiable status under the Harmonized Tariff Schedule of the
            United States (HTSUSA), of a lady's travel bag and its
            accessories produced in China.  Samples were submitted for
            examination.

            FACTS:

                 The sample submitted is a lady's travel bag, style P5002,
            which measures approximately 7 inches by 10.25 inches by 2.25
            inches.  It contains within one compartment an eye glass case,
            a coin purse and a change purse, all secured by a full top
            width textile coil zipper closure.

            ISSUE:

                 Should the travel bag and its accessories be considered a
            set for tariff purposes?

            LAW AND ANALYSIS:

                 General Rule of Interpretation (GRI) 3 is applicable in
            this situation.  Its relevant portions provide as follows:


















                                         - 2 -

                      When by application of rule 2(b) or
                      for any other reason, goods are, prima
                      facie, classifiable under two or more
                      headings, classification shall be effected
                      as follows:

                 (a)  The heading which provides the most specific
                      description shall be preferred to headings
                      providing a more general description.  However,
                      when two or more headings each refer to part only
                      of the materials or substances contained in mixed
                      or composite goods or to part only of the items
                      in a set put up for retail sale, those headings
                      are to be regarded as equally specific in relation
                      to those goods, even if one of them gives a more
                      complete or precise description of the goods.

                 (b)  Mixtures, composite goods consisting of different
                      materials or made up of different components, and
                      goods put up in sets for retail sale, which cannot
                      be classified by reference to 3(a), shall be
                      classified as if they consisted of the material or
                      component which gives them their essential
                      character, insofar as this criterion is applicable.

                 The Explanatory Notes for GRI 3(b) state in pertinent part
            as follows:

               (VIII) The factor which determines essential
                      character will vary as between different
                      kinds of 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.

                 (X)  For the purposes of this Rule, the term "goods
                 put up in sets for retail sale" shall be taken to
                 mean goods which:

                   (a)  consist of at least two different articles
                        which are, prima facie, classifiable in
                        different headings.  Therefore, for example,
                        six fondue forks cannot be regarded as a set
                        within the meaning of this Rule;

                   (b)  consist of products or articles put up
                        together to meet a particular need or carry
                        out a specific activity; and













                                         - 3 -

                   (c)  are put up in a manner suitable for sale
                        directly to users without repacking (e.g.
                        in boxes or cases or on boards).

                 The travel bag and its accessories constitute a set in
            that they meet all the  requirements listed in the Explanatory
            Notes for GRI 3.  Specifically, the travel bag and its
            accessories are prima facie classifiable in different headings.
            They are put up in a manner suitable for retail sale and are
            also comparable to the many travel kit bags sold for retail on
            the market today.  Also, the combination of the travel bag with
            its contents meet the specific needs for a woman who first
            requires the travel bag and then utilizes the accessories,
            contained within the bag, on a daily basis.

                 It is our observation that the essential  character of the
            set is imparted by the travel bag.  Specifically, the travel
            bag plays a major role in the use of the set by virtue of its
            size and the fact that it contains the accessories during
            travel.

            HOLDING:

                 The travel bag with its accessories is classifiable, when
            composed of 100 percent cotton, under subheading 4202.92.1500,
            HTSUSA, as travel, sports and similar bags, with outer surface
            of textile materials, of vegetable fibers and not of pile or
            tufted construction, of cotton with duty at the  rate of 7.2
            percent ad valorem.  The applicable textile category is 369.

                 The travel bag with its accessories is classifiable, when
            composed of 65 percent polyester and 35 percent cotton, under
            subheading 4202.92.3030, HTSUSA, as travel, sports and similar
            bags, with outer surface of textile materials, other, other, of
            man-made fibers, other with duty at the rate of 20 percent ad
            valorem.  The applicable textile category is 670.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division












            6cc:  Area Director, New York Seaport
            1cc:  Department of Commerce
            1cc:  Kevin Gorman NY Seaport
            DFCahill:jaj:1/30/89