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HQ 961513




September 24, 1998

CLA-2 RR:CR:TE 961513 GGD

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050; 4202.92.3020

Ari L. Kaplan, Esquire
Graham & James
885 Third Avenue
New York, New York 10022

RE: Handbags; Backpacks

Dear Mr. Kaplan:

This letter is in response to your request of February 11, 1998, on behalf of your client, Liz Claiborne Accessories, Inc., concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of three styles of carrying bags manufactured in China. Samples were submitted with your request.

FACTS:

The three samples are identified by style numbers HBLG#1, HBMD#2, and HBSM#3, and are described as women's backpack-style bags. Style no. HBLG#1 measures approximately 12-1/2 inches in height and is roughly cylindrical in shape with a circular base that measures approximately 8-1/2 inches in diameter and approximately 26-3/4 inches in circumference. The bag is lined and has an outer surface composed of 100 percent polyester. The interior of the bag features one large central compartment which closes by means of a drawstring closure. A flap lies over this closure, with a metal snap closure on which appear the initials "LC." There is a flat, zippered pocket near the top of the interior compartment which measures approximately 5 inches in height by 6 inches in width. The bag features an exterior, flat, zippered pocket which measures approximately 9 inches in height and which extends approximately 13 inches around the bag's circumference. There also are two permanently-attached,
adjustable carrying straps which measure approximately 36 inches in length (fully extended) by 3/4 inch in width. The straps are composed of polyester on one side and polyvinyl chloride (PVC) on the other side.

Style no. HBMD#2 measures approximately 9-1/2 inches in height by 8-1/2 inches in width by 6 inches in depth. The bag is lined and has an outer surface composed of 100 percent polyester with polyvinyl chloride (PVC) trim. The interior of the bag features one central compartment which closes by means of a drawstring closure over which lies a flap with a metal snap closure featuring the initials "LC." There is a flat, zippered pocket near the top of the interior compartment that measures approximately 6-1/2 inches in height by 7 inches in width. The bag features an exterior compartment which measures approximately 5 inches in height by 5-1/2 inches in width by 1-1/2 inches in depth, with a zippered closure covered by a flap with a snap closure. There are two matching shoulder straps which are composed of PVC and which measure approximately 33 inches in length (fully extended) by 5/8 inch in width. Each strap is permanently attached only at the top of the bag. The straps are somewhat adjustable in that five holes are punched in each of lower ends. Each strap attaches to the lower exterior of the bag by pushing any two of the strap's adjustment holes onto two metal studs protruding from PVC tabs on the bag's exterior. The top of the bag also has a looped handle or carrying strap that measures approximately 9-1/2 inches in length.

Style no. HBSM#3 measures approximately 7-1/2 inches in height by 6 inches in width by 2-3/4 inches in depth. The bag is lined and has an outer surface composed of 100 percent polyester. The interior of the bag features one central compartment with a zippered closure across the top and halfway down each side. There is a flat, zippered pocket near the top of the interior compartment that measures approximately 4-1/2 inches in height by 5 inches in width. The bag features an exterior, gusseted compartment which measures approximately 3-1/2 inches in height by 4 inches in width by 1-1/4 inches in depth, with a zippered closure. There is an adjustable, detachable, polyester shoulder strap which measures approximately 60 inches in length (fully extended) by 1/2 inch in width. The strap can be arranged to resemble two shoulder straps by running it through a metal ring at the top of the bag and connecting the two ends of the strap to buckles on the lower exterior of the bag. The strap is somewhat adjustable in that three holes are punched in each of lower ends which can attach to the buckles. There is no other carrying strap or handle.

ISSUE:

Whether the merchandise is classified in subheading 4202.92.3020, HTSUSA, as backpacks; or in subheading 4202.22.8050, HTSUSA, as handbags.

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and GRI.

Among other goods, heading 4202, HTSUS, provides for traveling bags, toiletry bags, handbags, and similar containers. Subheading 4202.92, HTSUS, provides in part for travel, sports and similar bags. Additional U.S. Note 1 to chapter 42, HTSUS, states that:

[f]or 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....

Subheading 4202.22, HTSUS, provides for handbags. The word "handbag" is defined in Webster's New World Dictionary, Second College Edition, 1972, as: "1. a small container for money, toilet articles, keys, etc., carried by women; purse 2. a small suitcase or valise."

In HQ 950708, issued December 24, 1991, we observed judicial guidance as to the attributes of both handbags and bags classifiable under subheading 4202.92. It was noted that certain tote bags which had no linings or reinforcements, no pockets, no closures (or only single snap closures), provided little protection for their contents and were unlikely to be used in a manner similar to a woman's handbag. We opined that such bags were used as multipurpose bags to carry any number of sundry
articles, such as food, books, and/or clothing. Since the bags did not fit the terms of subheadings 4202.11 through 4202.39, but were a type of bag used to carry clothing and other personal effects during travel, they were considered to be travel, sports and similar bags within the meaning of Additional U.S. Note 1 to chapter 42, HTSUS. See also HQ 951113, issued May 19, 1992, affirming HQ 950708.

In HQ 955552, issued August 15, 1994, this office classified an article described as both a "tote" and a "shoulder bag" in subheading 4202.22.6000, HTSUSA, as a handbag. The bag measured approximately 14 inches in width by 9-1/2 inches in height by 4 inches in depth (at the bottom). The article had 2 shoulder straps, and was divided into 2 separate compartments, each of which had a zippered closure. One of the compartments also had a zippered change purse. The interior of the bag was lined and the bottom and corners were reinforced. We found that the bag's design and construction - particularly its reinforcement, its straps, its inside zipper pocket, and its style of compartmentalization and zipper closures - strongly suggested an intended use by women and girls to carry personal items on a daily basis.

In Headquarters Ruling Letter (HQ) 957917, issued July 7, 1995, Customs reconsidered and reclassified in subheading 4202.92.1500, HTSUS, a woven cotton bag which measured approximately 14 inches by 10 inches by 5 inches. The bag had a reinforced open top with double carrying straps, but no lining and no pockets or compartments. This office stated that tote bags similar to those described immediately above were no longer classifiable as handbags, and that such bags were to be regarded as multipurpose bags for carrying various personal effects.

In HQ 959062, issued January 28, 1997, we reconsidered and reclassified an article described as a "mini-backpack" in subheading 4202.22.4030, HTSUSA, as a handbag. The bag was composed of a pile velveteen fabric and measured approximately 6 inches in length by 7-1/2 inches in width by 5 inches in diameter. The bag had a drawstring closure at the top with a velveteen flap adorned with a satin bow. The bag also featured double shoulder straps of braided nylon cording which could be run through a snap closure at the base of the bag to create a "mini-backpack" effect. We noted that, although the term "backpack" is not defined in the HTS, Customs prior rulings and lexicographic sources had commonly defined "backpack" as "an article designed to carry food and equipment." Additional U.S. Note 1 to Chapter 42, also indicates that backpacks are the kind of bags designed for carrying clothing and other personal effects
during travel. We found that, in light of the bag's overall appearance and construction (i.e., its small size, velveteen fabric, and flimsy, braided straps), the legal note, and the definitions/common meanings of the terms "handbag" and "backpack," the "mini-backpack" was designed for use as an evening handbag for females to carry some small personal effects such as money, keys, credit cards, and certain toiletries.

In light of the factors noted above, we find that style nos. HBMD#2 and HBSM#3 are designed, constructed, and intended to be used as women's handbags, not as backpacks. The bags' dimensions, linings, shoulder straps, and overall appearance indicate that their purpose is to contain certain items normally carried in a woman's handbag. The shoulder straps of each of the bags are small in width and either partially detachable (HBMD#2) or completely detachable (HBSM#3) from the bags. If used as intended, the bags have insufficient additional capacity for use as carriers of various articles such as food, clothing, equipment, and/or other personal effects. On the other hand, the wider, permanently attached shoulder straps, the dimensions, and the overall appearance and construction of style no. HBLG#1 suggest that it possesses the characteristics of a backpack, including the capacity to carry a wide variety of personal effects not normally carried in a handbag. We thus find that style HBLG#1 is classified as a backpack, and that style nos. HBMD#2 and HBSM#1 are classified as handbags.

HOLDING:

The backpack identified by style no. HBLG#1 is classified in subheading 4202.92.3020, HTSUSA, textile category 670, the provision for "Travel, sports and similar bags: With outer surface of textile materials: Other, Other: Of man-made fibers: Backpacks." The general column one duty rate is 19 percent ad valorem.

The handbags identified as style nos. HBMD#2 and HBSM#3 are properly classified in subheading 4202.22.8050, HTSUSA, textile category 670, the provision for "Handbags, whether or not with shoulder strap, including those without handle: With outer surface of sheeting of plastic or of textile materials: With outer surface of textile materials: Other: Other: Other, Of man-made fibers." The general column one duty rate is 19 percent ad valorem.

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 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.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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