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HQ 083395


February 12, 1990

CLA-2:CO:R:C:G 083395 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 7018.90.5000

Mr. Peter Sonnenmark
25 Hudson Street
New York, N.Y. 10013

RE: Beaded evening bag

Dear Mr. Sonnenmark:

This is in reference to your letter dated November 21, 1988, requesting the tariff classification of a beaded evening bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in the Republic of China was submitted.

FACTS:

The merchandise at issue is an evening bag that is wholly covered with glass beads. The glass beads are sewn to a textile fabric base. The bag has a metal cable shoulder strap.

ISSUE:

Whether the evening bag at issue is classifiable as a handbag or as an article of glass beads.

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 4202, HTSUSA, provides for handbags of leather or composition leather, of plastic sheeting, of textile materials,
of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials. To be classified under this provision the handbag at issue must be of one of the named materials; therefore, it must be determined whether the bag is of textile or of glass.

The glass beads covering the outer surface are more than decoration; they cover the entire, or virtually entire, outer surface. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes for heading 7018, HTSUSA, which provides for articles of glass beads, contain an exclusion for handbags and similar articles of leather or fabric, decorated with glass beads, imitation pearls or imitation precious or semiprecious stones (heading 4202). We do not believe this exclusion precludes classification of the instant handbag under heading 7018, HTSUSA, because the instant bags have their essential character provided by the the beads and thus are not considered "of fabric" or merely "decorated" with the beads within the meaning of the Explanatory Notes. Therefore, because these bags are entirely covered with glass beads they are not classifiable under heading 4202, HTSUSA.

HOLDING:

The merchandise at issue is classifiable under subheading 7018.90.5000, HTSUSA, as articles of glass beads. The rate of duty is 6.6 percent ad valorem.

Sincerely,

John Durant, Director

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