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NY 810293




May 22, 1995

CLA-2-42:S:N:N6:341 810293

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050; 7117.90.7500; 9102.12.80; 9102.12.40

Ms. Laurie Everill
J.C. Penney Purchasing Corp.
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of a handbag containing imitation jewelry from China.

Dear Ms. Everill:

In your letter dated April 27, 1995, you requested a classification ruling for a handbag containing imitation jewelry.

Style 922-4734 include the following items; a child's handbag containing an imitation pearl necklace with locket and white jewel, an imitation gold bracelet, a pair of earrings, a round ring with pink jewel, a hear ring with white jewel and a watch piece placed in a gilded plastic band. The handbag is composed of an exterior surface of flocked polyester fibers. The item has a small design on the front flap made of plastic with an imitation jewel. The handbag has a plastic carrying handle in addition to a metal chain shoulder strap that clips onto the handle. It measures approximately 6" x 5" with 2 1/4" gussets. The bag is secured by means of a flap with a patented magnetic snap closure. You have indicated that all of the above items will come packaged in the handbag as a set. However, for classification purposes each item will stand on its own merits.

You propose that the "handbag, jewelry, watch, tiara and gloves" should be classified as a toy set under 9503.70.0030, HTS, based upon their overall design and a claim to having a "limited use". This office must disagree with your conclusion. The instant handbag, jewelry, watch, etc. are in fact items of commerce which a little girl would use in her daily activities such as going to school, church, or the mall. The article's color, size and other features are admittedly designed to appeal to a young child and will in fact be used by a child, however, such characteristics are not controlling. Merchandise designed and marketed to children does not necessarily warrant classification as a toy. In general, a toy is an item designed purely for amusement purposes. Each of the above described articles is fully functional in its own right and practical for the intended user. They are more appropriately classified elsewhere in the tariff.

The applicable subheading for the handbag of flocked man- made textile material will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, of man- made fibers. The duty rate will be 19.8 percent ad valorem.

Items classifiable under 4202.22.8050 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The applicable subheading for the necklaces, rings, earrings and bracelets will be 7117.90.7500, HTS, which provides for Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastic. The duty rate will be Free.

The applicable subheading for the wrist watch will be 9102.12.80, HTS, which provides for wrist watches... battery powered... with opto-electronic display only. The duty rate will be 3.1 percent on the movement and case plus 4.2 percent on battery.

The applicable subheading for the plastic bracelet will be 9102.12.40, HTS, which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80... whether or not attached to such watches at the time of entry: other. The duty rate will be 3.1 percent ad valorem.

The designated textile and apparel categories 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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