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HQ 085527


December 21, 1989

CLA-2 CO:R:C:G 085527 DFC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.6000

Robert L. Follick, Esq.
Follick & Bessich, P.C.
Attorneys at Law
225 Broadway, Suite 500
New York, New York 10007

RE: Luggage set

Dear Mr. Follick:

In a letter dated August 25, 1989, you inquired as to the tariff classification of a luggage set made in Thailand. A sample set has been submitted for examination.

FACTS:

The set consists of a 46" garment bag, a 21" overnighter, a 14" flight bag, a 24" pullman, an 11" accessory kit and an 18" duffel roll bag. The outer surfaces of these pieces consist of a jute/polypropylene blended woven fabric, a woven nylon fabric and a plastic zipper.

It has been suggested that the set is classifiable under subheading 4202.12.8070, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers, with outer surface of textile materials, other, other, of man-made fibers, with duty at the rate of 20 percent ad valorem. The applicable textile category for this provision is 670.

You maintain that the set is properly classifiable under subheading 4202.12.6000, HTSUSA, as trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, other, with duty at the rate of 6.5 percent ad valorem. The applicable textile category under this provision is 870.

ISSUE:

1. Does the blended fabric which is approximately 65 percent jute and 35 percent polypropylene by weight constitute the essential character of the set?

2. Is classification of the set mandated solely by the composition of the fabric which imparts its essential character regardless of the presence of other fabrics?

LAW AND ANALYSIS:

It is clear that the merchandise constitutes a set for tariff purposes and that the suitcase imparts the essential character to the set pursuant to General Rule of Interpretation (GRI) 3(b), HTSUSA.

The suitcase is a composite article since it consists of a woven jute/polypropylene fabric, a nylon woven fabric and a plastic zipper. The classification of composite articles is governed by GRI 3(b), HTSUSA, which provides 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:

(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.

In addition, Note 2(A), Section XI, HTSUSA, which is relevant here states:

Goods classifiable in Chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

Subheading Note 2(B)(a) continues that for the application of Subheading Note 2(A), where appropriate, "only the part which determines the classification" under GRI 3 shall be taken into account.

Based on the foregoing, it is our position that only that portion of the outer surface which imparts the essential character may be taken into consideration in determining the classification of the suitcase.

With respect to determination of essential character the Explanatory Note to GRI 3(b) reads 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, its bulk, quantity, weight, or value, or by the role of a constituent material in relation to the use of the goods.

A visual inspection of the outer surfaces of the suitcase persuades us that the blended fabric consisting of jute and polypropylene impart its essential character. We base this conclusion on the observation that the blended fabric predominates by far the outer surface covered. We note especially that the nylon fabric plays a decorative role and is subservient to the role played by the blended fabric.

Inasmuch as the jute in the blended fabric predominates by weight over the polypropylene, the essential character of the suitcase is imparted by the jute.

HOLDING:

The luggage set is classifiable under subheading 4202.12.6000, HTSUSA, as trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, other, with duty at the rate of 6.5 percent ad valorem. The applicable textile category for this provision is 870.

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.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Sincerely,

John Durant, Director

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