HQ 0085808 - Modification of NYRL 844217 issued August 17, 1989 - Child's Handbag - United States International Trade Commision Rulings

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HQ 085808

January 24, 1990

CLA-2 CO:R:C:G 085808 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050

Jerry Verma
Baby Togs Inc.
450 West 33rd Street
New York, NY 10001

RE: Modification of NYRL 844217 issued August 17, 1989 - Child's Handbag

Dear Mr. Verma:

On August 17, 1989, a ruling was issued (NYRL 844217) classifying a child's handbag in subheading 4202.22.8060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for handbags, with outer surface of textile materials, other, other, other, other. Upon further consideration, that classification is determined to be in error.

FACTS:

The merchandise at issue is a child's visca handbag made of twisted polypropylene strips measuring less than 5mm in width. The handbag measures approximately 5" x 4 1/2" and has a braided shoulder strap.

ISSUE:

Is the handbag at issue of "man-made materials" or "other" materials for classification under Heading 4202, HTSUSA?

LAW AND ANALYSIS:

Visca yarn is a filament which is to be considered a man- made fiber in accordance with Chapter 54, Explanatory Note 1 of the Harmonized Commodity Description and Coding System. Therefore, pursuant to 19 CFR 177.9(d), NYRL 844217 is modified in the following respect. We conclude that subheading 4202.22.8050, HTSUSA, which provides for handbags, with outer surface of textile materials, other, other, other, of man-made fibers, more accurately provides for the item in question.

HOLDING:

The child's visca handbag is correctly classified in subheading 4202.22.8050, HTSUSA, which provides for handbags, with outer surface of textile materials, other, other, other, of man-made fibers and dutiable at the rate of 20 percent ad valorem. The textile category number is 670. As a product of Taiwan, this merchandise is subject to quota and visa requirements.

NYRL 844217 is modified accordingly pursuant to 19 CFR 177.9(d).

Sincerely,

John Durant, Director
Commercial Rulings Division

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See also:

Tariff No.: 4202.22.80 - Handbags with or without shoulder strap or without handle, with outer surface of textile materials, nesi