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NY N023163




March 5, 2008

CLA-2-42:OT:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050

Jeannine Greener
Eddie Bauer, Inc.
10401 NE 8th Street, Ste 500
Bellevue, WA 98004

RE: The tariff classification of handbags from China

Dear Ms. Greener:

In your letter dated February 6, 2008 you requested a classification ruling.

Style number 016-4006 is a handbag with an adjusted shoulder strap that is constructed with an outer surface of 100% nylon textile material. It is designed to carry money, keys and other small accessories on a daily basis. The interior has multiple compartments to hold a pen, paper, keys, credit cards and an identification card. There is also a mesh pocket to hold items such as a lipstick, compact, cellular telephone, film, etc. The back exterior has a pocket with a hook and loop fastener. The bag secures with both a hidden magnet and a snap closure. It measures approximately 5.5” (W) x 7.25” (L) x 1” (D). The sample is being returned to you.

You suggest classification under 4202.32.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials. However, the item is akin to a handbag. The determinative feature of a handbag is its ability to hold several objects not associated with a wallet. A bag which may accommodate articles such as a hairbrush, cosmetics, keys and other loose personal effects shall be classified as a handbag, even if it also incorporates the features of a wallet.

Style number 016-4129 is a handbag with an adjustable, removable shoulder strap that is constructed with an outer surface of 100% nylon textile material. It is designed to carry money, keys and other small accessories on a daily basis. The interior has a textile-lined main compartment with a pocket for a cell phone, slots for credit cards, elastic bands for pens and a zippered wall pocket. This compartment secures with a zipper closure along three sides. The front exterior of the bag has a flap under which there are two additional zippered compartments. The back exterior has an open pocket. It measures approximately 7” (W) x 9” (L) x 2.25” (D). The sample is being retained by this office.

The applicable subheading for the styles 016-4006 and 016-4129 will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

HTSUS 4202.22.8050 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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