us-cbp-cross-rulings-hq-083264•HQ 083264: Tariff classification of evening bags manufactured in China
HQ 083264: Tariff classification of evening bags manufactured in China
us-cbp-cross-rulings-hq-083264HQ 083264: Tariff classification of evening bags manufactured in ChinaGuidance
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 083264
November 29, 1989
CLA-2 CO:R:C:G 083264 DC
CATEGORY: Classification
TARIFF NO.: 3926.90.3300
Mr. William Phelps
President
W. A. Phelps & Co. Inc.
One World Trade Center
New York, N.Y. 10048
RE: Tariff classification of evening bags manufactured in China
Dear Mr. Phelps:
Your letter dated July 7, 1988, addressed to our New York
office concerning the tariff classification of evening bags, has
been referred to this office for a direct reply to you. Samples
were submitted for examination.
FACTS:
The evening bags designated as styles 20214, 20219, 20220,
20221 and 20222 are made of a nylon fabric almost wholly covered
with pasted beads of injection molded plastics.
ISSUE:
What material imparts the essential character to the evening
bags?
LAW AND ANALYSIS:
In applying the Harmonized Tariff Schedule of the United
States (HTSUSA), the Customs Service must follow the terms of
the statute. Classification of goods under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1
provides 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]". In
other words classification is governed first by the terms of the
headings of the tariff and any relative section or chapter notes.
-2-
GRI 2(b), HTSUSA, provides in part that "[t]he
classification of goods consisting of more than one material or
substance shall be according to the principles of Rule 3."
We note that evening bags having an outer surface of textile
materials are classifiable under heading 4202, HTSUSA, while
evening bags of beads are classifiable under heading 3926,
HTSUSA. When goods are prima facie classifiable under two or
more headings or subheadings in the HTSUSA, classification must
be determined based on the sequential application of the
principles set out in GRI 3, HTSUSA, which reads in pertinent
part as follows:
3. 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.
Inasmuch as the outer surfaces of the evening bags consist
of textile material and plastic beads, it is necessary to
determine that material which imparts the essential character to
the outer surface pursuant to GRI 3(b), HTSUSA, supra.
The Explanatory Notes for GRI 3(b), HTSUSA, 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,
-3-
its bulk, quantity, weight or value, or by the role of
a constituent material in relation to the use of the
goods.
It is our opinion that the essential character of all the
styles is imparted by the plastic beads. Our rational for this
position is that beads occupy almost the entire outer surface of
the bags and are also the material which is most clearly designed
to appeal to the consumer.
In view of the foregoing, it is our position that all styles
listed above are classifiable under subheading 3926.90.3300,
HTSUSA, as beads, bugles and spangles, not strung (except
temporarily) and not set, articles, thereof, not elsewhere
specified or included, handbags.
HOLDING:
The sample evening bags are classifiable under subheading
3926.90.3300, HTSUSA, and dutiable at the rate of 8.2 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
DCahill library
name: 083264
6cc AD NY Seaport
1cc John Durant
1cc Kevin Gorman NY Seaport
1cc Joan Mazzola NY Seaport
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