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HQ 957220




October 31, 1994

CLA-2 CO:R:C:T 957220 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.4000; 4202.22.4500

Robert Persily
Freight Brokers International, Inc.
1200 Brunswick Avenue
Far Rockaway, New York 11691

RE: Tariff classification of wallets and handbags; articles of a kind normally carried in the handbag or pocket.

Dear Mr. Persily:

This is in response to your letter of September 19, 1994, on behalf of Etienne Aigner, requesting tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS). Four samples were submitted to this office for examination. Please be advised that we are retaining the samples in order to insure uniformity of classification for similar articles.

FACTS:

The four samples feature an exterior composed mainly of cotton with leather trim and/or flaps.

The first sample, style #01ES (Indexer on a String), is a tri-fold container with a detachable carrying strap. It measures approximately 4 3/4 inches in width, 4 1/2 inches in height and is approximately 1 inch thick in its closed position. When opened the article measures approximately 8 1/4 inches in height (excluding the flap). This item features an exterior change pocket secured by means of a snap flap, which measures approximately 3 1/2 inches in height and 4 1/4 inches in width. The interior is composed of vinyl and possesses two billfold sections for paper currency and eight credit card slots.

The second sample, style #03ES (Eyeglass on a String), is a bifold accessory with a detachable shoulder strap. It measures approximately 7 1/4 inches in length, 3 3/4 inches in width and is 1/2 inches thick in its closed position. When opened, the item measures approximately 14 3/4 inches in length. A spectacle pouch secured by means of a snap flap has been affixed to the front exterior of the article. The opposite exterior wall features a zippered coin/utility pocket measuring approximately 2 1/2 inches by 5 3/4 inches. The vinyl interior includes seven credit card slots, an identification card window, two billfold sections for paper currency and a flat utility pocket measuring approximately 5 1/2 inches by 3 inches.

Style #02Es (Clutch Organizer on a String) is a tri-fold container with a detachable shoulder strap. It measures approximately 8 inches in width by 4 3/4 inches in height and is secured by means of a double snap closure which allows the article to expand. When opened, this item measures approximately 14 1/4 inches in height. The exterior possesses a zippered coin/utility pocket measuring approximately 2 3/4 inches by 6 1/2 inches. The vinyl interior has been divided into thirds. The top third features a permanently affixed compact mirror and a full wall flat pocket suitable for paper currency. The middle third possesses a large gussetted pocket and a zippered wall pocket. Eight credit card slots have been affixed along the front of the gussetted pocket. A pen holder has been placed between the middle and bottom sections. The bottom third features a removable checkbook cover inserted into a slot, a clear plastic identification card window, a slot suitable for paper currency and a utility slot measuring approximately 6 1/2 inches by 3 inches.

Style #6104 (Mini Bag Organizer) is a semi-oval shaped zippered bag with a permanently affixed shoulder strap. It measures approximately 5 1/2 inches in height, 7 1/2 inches wide and 1 1/2 inches thick. A front full wall flap is secured to the main body by means of a snap closure. The flap opens to reveal a leather interior with eight credit card slots, two utility pockets measuring 4 inches by 7 1/2 inches, a pen holder and an identification card window.

Hangtags affixed to the samples identify Etienne Aigner as an established manufacturer of handbags.

ISSUE:

Whether the subject merchandise is classified in subheading 4202.22, HTSUS, which provides for handbags; or subheading 4202.32, HTSUS, which provides for articles of a kind normally carried in the pocket or in the handbag?

LAW AND ANALYSIS:

Heading 4202, HTSUS, provides inter alia for handbags and wallets. Subheading 4202.22, HTSUS, encompasses handbags; subheading 4202.32, HTSUS, includes articles of a kind normally carried in the pocket or handbag. The subheading Explanatory Note to heading 4202, at page 613, indicates that wallets are classified within subheading 4202.32. Pursuant to General Rule of Interpretation 6, classification of goods at the subheading level shall be effected mutatis mutandis with General Rules of Interpretation 1 through 5.

The term "wallet" is not defined in the HTSUS or in the applicable Explanatory Note to heading 4202, HTSUS. However, we note the following definitions of the term "wallet" from lexicographic sources:

Essential Terms of Fashion: A Collection of Definitions, Charlotte M. Calasibetta, Fairchild Publications, 1986: An item used to carry paper money, credit cards, photographs and sometimes with a change purse or space for a check book or pad.

The Fashion Dictionary, Mary Brooks Picken, Funk & Wagnalls, 1973: 1. Flat purse or pocketbook, for carrying either paper money or coins.

Webster's New Collegiate Dictionary, G. & C. Merriam Co., 1977: 1. a bag for carrying miscellaneous articles while traveling; 2 a: billfold b: a pocketbook with compartments for change, photographs, cards, and keys.

Webster's New World Dictionary, Third College Edition, Simon & Schuster, Inc., 1988: 1. [Archaic] a knapsack; 2. a flat pocketbook, as of leather, with compartments for paper money, cards, etc.; billfold.

We also recognize that the term "handbag" has been defined as follows:

Essential Terms of Fashion: A Collection of Definitions: Accessory carried primarily by women and girls to hold such items as money, credit cards, and cosmetics.

The Fashion Dictionary: Soft or rigid bag carried in hand or on arm. Size, shape, handle, etc., depend on fashion. Used by women as container for money and pocket-sized accessories.

Webster's New Collegiate Dictionary: 1. traveling bag; 2. a woman's bag held in the hand or hung from a shoulder strap and used for carrying small personal articles and money.

Webster's New World Dictionary: A bag, usually of leather or cloth, held in the hand or hung by a strap from the arm or shoulder and used, by women, to carry money, keys, and personal effects.

Each of the four samples possess attributes of both wallets and handbags. For example, they feature credit card slots, paper currency pockets and identification card windows, which are associated with wallets. On the other hand, these articles possess shoulder straps and in some instances feature open and zippered pockets designed to carry a variety of personal effects, which are attributes of handbags. As the four samples are described by two subheadings within heading 4202, HTSUSA, we must resort to General Rule of Interpretation 3 to determine their proper classification.

In Headquarters Ruling Letter (HRL) 956241, dated April 22, 1994, we classified a container substantially similar to style #01ES. In that decision, we observed that the container was specially shaped or fitted to hold articles associated with wallets (e.g. credit cards, coins, paper currency) and would fit comfortably into a handbag. On the other hand, it was not large enough to accommodate items normally carried in a handbag, such as a hairbrush, cosmetics or a set of keys on a chain. Although the presence of the carrying strap suggested that it would actually be used in a manner consistent with a handbag, we determined that the strap in and of itself should not affect its classification. In addition, we were of the opinion that the container was of the same class or kind as wallets. Accordingly, the article was classified as an article normally carried in the pocket or in the handbag. As sample style #01ES is substantially similar to the container which was the subject of HRL 956241, it shall also be classified as an article of a kind normally carried in the pocket or in the handbag.

Similarly, style #03ES is also of the same class or kind as a wallet. It is flat, fitted to hold credit cards, identification cards, paper currency and coins. We note that the addition of a spectacle case holder is a step in the direction of a handbag, as the article begins to take the character of a carry-all container. However, the article does not possess compartments designed to carry small personal effects which are typically carried in the handbag (e.g. comb, pen, hairbrush, cosmetics, keys on a chain). Consequently, in this instance we conclude that style #03ES is most specifically described by the provision for articles of a kind normally carried in the pocket or in the handbag.

Style #02Es, on the other hand, must be regarded as a carrying bag. We recognize that this item incorporates certain attributes of a wallet, such as credit card slots, an identification card window and a pocket for paper currency. However, it is more in the nature of a carry-all accessory than a wallet. For example, the center gussetted pocket is large enough to hold keys, small cosmetics, tissues, as well as a comb or lipstick and other personal effects. In addition, the article has been fitted so as to include a pen, a mirror and has several slots for odds and ends. Consequently, we conclude that style #02ES is classifiable as a handbag.

The main body of style #6104 is a clutch bag which features a single large compartment suitable for carrying keys, cosmetics, a hairbrush, etc. The article features a side flap which, when opened, reveals slots for identification and credit cards, paper currency and a pen holder. These are features associated with a wallet. However, when viewing the article as a whole, the fitted slots are features which augment its main purpose as a carrying bag for various personal effects. Accordingly, style #6104 is also classifiable as a handbag.

HOLDING:

Styles #01ES and #03ES are classifiable under subheading 4202.32.4000, HTSUS, which provides inter alia for wallets: articles of a kind normally carried in the pocket or in the handbag: with outer surface of textile materials: of vegetable fibers and not of pile or tufted construction: of cotton. The applicable rate of duty 7.2 percent ad valorem. The textile quota category is 369.

Styles #02ES and #6104 are classifiable under subheading 4202.22.4500, HTSUS, which provides inter alia for handbags, whether or not with shoulder strap, including those without handle: with outer surface of textile materials: other: of vegetable fibers and not of pile or tufted construction: of cotton. The applicable rate of duty is 7.2 percent ad valorem. The textile quota category is 369.

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

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