United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 HQ Rulings > HQ 956577 - HQ 956694 > HQ 956666

Previous Ruling Next Ruling
HQ 956666




May 30, 1995

CLA-2 R:C:T 956666 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Brian J. Walsh, Esq.
Barnes, Richardson & Colburn
200 East Randolph Drive
Suite 7920
Chicago, Illinois 60601

RE: Tariff classification of cosmetic bags; travel bags v. articles of a kind normally carried in the pocket or in the handbag; HRL 951534 affirmed.

Dear Mr. Walsh:

This is in response to your letter, dated June 6, 1994, on behalf of Cosmetique, Inc., requesting tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS) for two cosmetic bags manufactured in China. Samples were sent to this office for examination.

FACTS:

The submitted samples are two cosmetic bags with exterior of nylon fabric and interior lining of plastic sheeting. You indicate that after importation the bags will be filled with cosmetics and distributed to members of a cosmetics club.

The first sample, identified as style C9257, measures approximately 7 3/4 inches by 5 3/4 inches by 2 inches. It features a top zipper closure and a hanging loop.

The second sample is semi-oval and possesses a molded plastic snap frame closure. It measures approximately 7 3/4 inches by 4 1/2 inches by 2 inches.

ISSUE:

Whether the cosmetic bags are classifiable in subheading 4202.32.9550, HTSUS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, of man-made fibers; or subheading 4202.92.3030, HTSUS, which provides for travel, sports or similar bags, with outer surface of textile materials, of man-made fibers?

LAW AND ANALYSIS:

Heading 4202, HTSUS, provides in part for traveling bags, toiletry bags, handbags, wallets, cigarette cases, tobacco pouches and similar containers. Cosmetic bags are otherwise known as toiletry bags. Hence, the instant goods are described by the heading.

Subheadings 4202.31, 4202.32 and 4202.39, HTSUS, encompass articles of a kind normally carried in the pocket or in the handbag. The subheading Explanatory Note to heading 4202, at page 613, states:

These subheadings cover articles of a kind normally carried in the pocket or in the handbag and include spectacle cases, note-cases (bill-folds), wallets, purses, key-cases, cigarette-cases, cigar-cases, pipe-cases and tobacco-pouches.

Subheading 4202.92, HTSUS, provides in part for travel, sports and similar bags. Chapter 42, Additional U.S. Note 1, HTSUS, states that:

For the purposes of heading 4202, the expression "travel, sports and similar bags" means goods, other than those falling in subheadings 4202.11 through 4202.39, of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading, but does not include binocular cases, camera cases, musical instrument cases, bottle cases and similar containers.

Pursuant to General Rule of Interpretation 6:

For legal purposes, the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes and, mutatis mutandis, to the above rules [General Rules of Interpretation 1 through 5], on the understanding that only subheadings at the same level are comparable. For the purposes of this rule, the relative section, chapter and subchapter notes also apply, unless the context otherwise requires.

In Headquarters Ruling Letter (HRL) 951534, dated August 4, 1992, we concluded that the subheading for travel, sports and similar bags more specifically provides for cosmetic bags than the subheading for articles of a kind normally found in the handbag. While conceding that smaller cosmetic bags may reasonably be described by either provision, we observed that Chapter 42, Additional U.S. Note 1, describes all travel bags designed for carrying personal effects during travel. Travel in this connection refers both to overnight trips and shorter distances relating to an individual's day-to-day business. Therefore, the provision for travel bags describes all cosmetic bags. By way of contrast, the subheading for articles of a kind normally carried in the handbag encompasses only those cosmetic bags which may be used in connection with a handbag.

You contend that the instant goods are more properly classified as articles normally carried in the handbag and have asked us to reconsider HRL 951534. First, you observe that Chapter 42, U.S. Additional U.S. Note 1, is not applicable when goods fall within the subheading for articles of a kind normally carried in the handbag. You submit that the instant cosmetic bags belong to a class of merchandise designed for use as handbag accessories. To the extent that cosmetic bags may be described as travel bags, you argue they belong to a separate class of merchandise specifically designed for overnight travel.

Second, you argue that the subheading for travel, sports and similar bags should be limited to goods designed for overnight travel. In support of this interpretation, you note that classification of the instant goods as travel bags would subject them to quota subcategory 670-L (luggage). As you contend that the subject merchandise has not been designed for use for overnight travel, you reason that the provision for travel bags does not describe the merchandise.

With respect to the latter issue, it should be noted that Chapter 42, U.S. Additional Note 1, specifies that shopping bags fall within its scope. Moreover, the Explanatory Note to heading 4202, at page 613, indicates that the term "sports bags" includes articles such as golf bags, gym bags, tennis racket carrying bags and fishing bags. These containers are not ordinarily associated with overnight travel. Rather, they are more accurately described as articles for carrying personal effects from place-to-place (e.g. to and from a store or a gym). On this basis, we conclude that the subheading for travel, sports and similar bags is not restricted to articles associated with the term "luggage." Consequently, cosmetic bags which may be used to carry their contents from place-to-place are prima facie classifiable as travel bags.

Additional U.S. Rule of Interpretation 1(a) states that:

A tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is principal use.

You direct our attention to materials in support of the proposition that the instant articles belong to a class or kind of goods which are normally carried in the handbag. The most persuasive of this evidence includes:

That the merchandise is of a size suitable for placement into a handbag;

Eight survey responses from consumers which indicate they would use the instant goods as handbag accessories;

Advertising materials for smaller cosmetic bags which are marketed as handbag accessories;

Excerpts from newspaper and magazine articles referring to cosmetic bags in connection with their use in handbags or purses.

However, we are in possession of materials which suggest that cosmetic bags comprise a class of merchandise for travel purposes. These include:

Marketing materials which, by your admission, promote well-made and in some instances larger cosmetic bags as articles for overnight travel;

Marketing materials for smaller cosmetic bags, often presented as premium items in connection with the sale of cosmetics, where the articles are referred to as travel bags, travel pouches and travel cases;

Excerpts from newspaper and magazine articles referring to cosmetic bags as articles for use during travel.

In view of the foregoing, the subheading for travel, sports and similar bags describes cosmetic bags used for both overnight travel and for carrying an individual's cosmetics from place-to-place. The subheading for articles of a kind normally carried in the handbag encompasses only smaller cosmetic bags which are not specifically designed for use during overnight travel. To the extent that the latter provision describes cosmetic bags, marketing information in our possession indicates that such goods are used either as handbag accessories or for overnight and general travel purposes. Therefore, we conclude that the principal use for all articles answering to the description of a cosmetic or toiletry bag is for use during travel. Accordingly, they are not articles normally carried in the handbag and are properly classified as travel bags of subheading 4202.92.3030, HTSUS. HRL 951534 is hereby affirmed.

HOLDING:

The subject merchandise is classifiable under subheading 4202.92.3030, HTSUS, which provides for travel, sports or similar bags: with outer surface of textile materials: other, other: of man-made fibers: other. The applicable rate of duty is 19.8 ad valorem. The textile category is 670.

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 the subject of frequent negotiations 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 the local Customs office.

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 the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: