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NY B81535




February 26, 1997

CLA-2-42:RR:NC:TA:341 B81535

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 7326.20.0050

Ms. Barbara Y. Wierbicki
Serko & Simon LLP
One World Trade Center - Suite 3371
New York, NY 10048

RE: The tariff classification of a haversack carrying bag and a key fob from China.

Dear Ms. Wierbicki:

In your letter dated January 28, 1997, on behalf of Mitzi International, Inc., you requested a classification ruling for a haversack carrying bag and a key fob.

The sample submitted, identified as style SG 4201 WM, consists of a haversack carrying bag composed of woven cotton twill with pvc trim and a metal (brass) key fob. The bag is designed to be worn over the shoulder and on the back to contain personal effects while traveling about. The top section has a zipper sewn in length wise, rather than width wise in addition to a side zipper opening which permits access while slung over the back. The top has a heavy base metal dog leash clasp and ring which when joined give the bag a "teardrop pack" appearance. There is also a front exterior storage pocket which is secured by means of a flap with a snap fastener featuring the name "Catalina" and an aquatic-type symbol. Your sample is being returned as you request.

The common and commercial definition of the term "HANDBAGS" is inclusive of many variety of carrying bags designed to contain personal effects while traveling about. Most definitions refer to the primary definition of "traveling bag" (Webster's New Collegiate Dictionary). Others define "HANDBAG" as: 1. a small container for money, toilet articles, keys, etc. 2. a small case or satchel for use in traveling. (Webster's New World Dictionary of the American Language, College Ed.). Commercial dictionaries such as Essential Terms of Fashion: A Collection of Definitions and Fairchild's Dictionary of Fashions, 2nd Ed. define "HANDBAG" as an accessory to contain personal effects. These definitions indicate that the term has evolved to include, "handbags are carried mainly for traveling". Both publications numerate many examples of "HANDBAGS" such as purses, pocketbooks, shoulder bags, backpacks, knapsacks, haversacks, belt bags, carry alls, tote bags, duffle bags, briefcases, saddle bags, flight bags and travel bags. The term is all inclusive.

Although you have indicated that the instant item is a "shoulder bag", the unique and specific design of the instant bag is not to be worn over the shoulder and under the arm as a shoulder bag is designed, rather it is designed to be worn over the shoulder and on the back as a haversack is designed to be worn.

The term "HANDBAG" does appear at subheading 4202.22, HTSUS. However the term is not all inclusive of every variety of "HANDBAGS". The term is commonly taken to include purses, pocketbooks, shoulder bags and clutch bags. Additional U.S. Note 1, Chapter 42, HTSUS, does provide that bags, similar to traveling bags are within the subheading 4202.92 which includes bags which are "Other" than the "HANDBAGS" of subheading 4202.22.

Noting that "HANDBAGS" have evolved to include traveling bags and such bags have become a daily necessity, the instant bag, Style SG 4201 WM, is a fashionable haversack variety of traveling handbag which is of a kind similar to the "Other" bags, other than "HANDBAGS", of subheading 4202.22, HTSUS.

The applicable subheading for Style SG 4201 WM, the carrying bag of cotton, will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.9 percent ad valorem.

The applicable subheading for the key fob of metal will be 7326.20.0050, HTS, which provides for other articles of iron or steel wire, other. The duty rate will be 4.6 percent ad valorem.

Items classifiable under 4202.92.1500 falls within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel

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