CLA-2 CO:R:C:G 084250 CMR
Mr. Marty Langtry
Castelazo & Associates
5420 West 104th Street
Los Angeles, Cal. 90045
RE: Classification of glass beaded handbags from China
Dear Mr. Langtry:
This ruling is in response to your letter of March 21, 1989, on
behalf of Seychelles Imports, requesting the classification of two
styles of glass beaded handbags.
Two sample handbags were submitted for review. One is a
drawstring style, the other has a zipper closure. The handbags are
made of rayon satin fabric and glass beads. The outer surfaces of
each bag are completely covered with the glass beads with the
exception of the top 5.5 centimeters of the drawstring style. The
rayon fabric serves as the backing for the beads and the lining
fabric. A thin foam padding is inserted between the backing and
lining. The shoulder straps on each bag are rayon cord.
Are the handbags at issue classifiable in subheading 7018,
HTSUSA, which provides for, among other things, glass beads and
articles thereof other than imitation jewelry, or in subheading 4202,
HTSUSA, which provides for, among other things, handbags?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is in accordance with
the General Rules of Interpretation (GRI's), taken in order. GRI 1
provides that "classification shall be determined according to the
terms of the headings and any relative section or chapter note, and,
provided such headings or notes do not otherwise require, according
to [the remaining GRI's taken in order]."
Handbags are generally classified under heading 4202, HTSUSA,
which provides for, among other things, handbags of leather or of
composition leather, of plastic sheeting, of textile materials, of
vulcanized fiber or of paperboard, or wholly or mainly covered with
such materials. The handbags before us, however, are made of textile
material and glass beads.
At first glance, it appears the handbags may be classified in
heading 4202, HTSUSA, or heading 7018, HTSUSA, which provides for,
among other things, glass beads and articles thereof other than
imitation jewelry. In order to determine which heading is
applicable, we must look to the Explanatory Notes which are the
official interpretation of the HTSUS at the international level.
The Explanatory Notes for heading 4202, HTSUSA, state that
"[t]his heading covers only the articles specifically named therein
and similar containers." The notes go on to say, "The articles of
the second part of the heading [the part in which handbags are named]
must,. . ., be only of the materials specified therein or must be
wholly or mainly covered with such materials (the foundation may be
of wood, metal, etc.) (underline added).
It appears fairly clear from the Explanatory Notes that in order
to be classified within the provisions of heading 4202, HTSUSA, the
handbags at issue must be only of textile materials, not textile
materials and glass beads, or must have outer surfaces which are
wholly or mainly covered with textile materials. Since the handbags
are completely covered with the glass beads, they cannot be
classified under heading 4202, HTSUSA, because they do not fall
within the terms of the heading.
The Explanatory Notes for heading 7018, HTSUSA, contain an
exclusion for "[h]andbags and similar articles of leather or fabric,
decorated with glass beads, imitation pearls or imitation precious or
semi-precious stones (heading 42.02)." We do not believe this
exclusion precludes classification of the subject handbags. The
glass beads covering the outer surfaces of these handbags are more
than decoration; they cover the entire, or virtually entire, outer
surfaces. Because of this, as previously discussed, the handbags
cannot be classified in heading 4202.
The handbags at issue are classifiable as articles of glass
beads in subheading 7018.90.5000, HTSUSA, dutiable at 6.6 percent ad
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: Legal Reference Section
1cc: Phil Robins