CLA-2 CO:R:C:T 089949 JS

Michelle Dudney
Emery Customs Brokers
1327 Ashton Road
Suite 202
Hanover, MD 21076

RE: Change purse, cigarette case, cosmetic case; classifiable heading 4202, HTSUSA

Dear Ms. Dudney:

This is in reference to your letter of June 19, 1991, on behalf of Nordic Import & Export Company, requesting classification of a flatgood set under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is a flatgood set consisting of a change purse, cigarette case and cosmetic case. The outer surface of each item is wholly of 100 percent polyvinyl choride with a woven nylon fabric backing. The clasp frame of each piece is made of giltplated iron, and the change purse has a key ring attached to one end of the clasp. The importer states that these goods are intended to be carried on the person, presumably in a handbag.

ISSUE:

What is the classification of matching items intended for the carrying of various items in a handbag.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 1 provides classification shall be determined according to the terms of the headings and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI.

2

Heading 4202 encompasses all travel goods, handbags and similar containers. Subheading 4202.32, in particular, provides for articles carried in the pocket or handbag, with outer surface of plastic sheeting. Moreover, the Explanatory Notes, the official interpretation of the tariff at the international level, state that this subheading covers articles of a kind normally carried in the pocket or in the handbag and include spectacle cases, note-cases (bill-folds), wallets, purses, key- cases, cigarette-cases, cigar-cases, pipe-cases and tobacco pouches.

The containers in question are similar to the articles specified in the second part of heading 4202, i.e., toiletry bags, purses, and cigarette cases, and are wholly or mainly covered with plastic sheeting. The EN for 4202.32 indicates this subheading applies to articles of a kind normally carried in the pocket or in the handbag. Therefore, the change purse, cigarette case and cosmetic case at issue are properly classified within heading 4202, HTSUSA.

HOLDING:

The present merchandise is classified under subheading 4202.32.1000, which provides for traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, 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: articles of a kind normally carried in the pocket or in the handbag: with outer surface of plastic sheeting or of textile materials: of reinforced or laminated plastics, dutiable at the rate of 12.1 cents per kilogram and 4.6 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact its 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