CLA-2 CO:R:C:T 953774 ch

Kim Greenwood
Customs Import Administration
Esprit De Corporation
900 Minnesota Street
San Francisco, California 94107

RE: Modification of DD 880908; handbags; articles of a kind normally carried in the pocket or in the handbag; clutch; wallet; articles more specifically described as wallets.

Dear Ms. Greenwood:

Pre-Entry Classification Ruling Letter (DD) 880908, dated December 21, 1992, concerned the classification of two styles of containers under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have had occasion to review this ruling and find that the classification of these articles under subheading 4202.22.1500, HTSUSA, was partially in error.

FACTS:

Style 670183 is a fold over east/west envelope style container with a snap flap closure. It measures 7 1/4 inches by 4 inches, and possesses a gusset which expands from a thickness of approximately 1 inch to 1 3/4 inches. Two view windows for identification cards are located on the inside of the flap. The front of the main body features six credit card slots. The interior has three compartments. Two of the compartments are suitable for the storage of paper money and other small personal effects. A check book wallet has been placed into one of these compartments. These sections are separated by a full width zippered pouch of plastic sheeting, which is suitable for the storage of coins and other small personal effects. The exterior rear of the container features a six inch long pocket with zipper closure. This pocket is of a size suitable for the storage of some paper and coin currency, and other flat personal effects.

Style 670543 is a fold over east/west envelope style container with a snap flap closure. It measures 7 1/4 inches by 4 inches, and possesses a gusset which expands from a thickness of approximately 1 inch to 1 3/4 inches. This item opens in a tri-fold manner. The lower portion of the interior features six credit card slots and a view window for an identification card. This portion also has two bill-fold type pockets for paper currency. The front of the main section has six additional credit card slots. This section has two interior dividers which create three compartments. A check book wallet has been placed into the middle compartment. The remaining compartments are of a size suitable for paper money currency and other small personal effects. The exterior rear of the article features a full width open pocket. Beneath the open pocket is a zipper pocket.

Both styles 670173 and 670543 possess an outer surface of PVC plastics laminated over a textile backing material.

ISSUE:

Whether the two containers are classifiable as handbags, pursuant to subheading 4202.22, HTSUSA; or as articles of a kind normally carried in the pocket or in the handbag, pursuant to subheading 4202.32, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified on the basis of GRI 1, the remaining GRI will be applied in order.

Heading 4202, HTSUSA, provides for:

Trunks, Suit-Cases, Vanity-Cases, Executive-Cases, Briefcases, School Satchels, Spectacle Cases, Binocular Cases, Camera Cases, Musical Instrument Cases, Gun Cases, Holsters and Similar Containers; Travelling- Bags, Toilet Bags, Rucksacks, Handbags, Shopping-Bags, Wallets, Purses, Map-Cases, Cigarette-Cases, Tobacco- Pouches, Tool Bags, Sports Bags, Bottle-Cases, Jewellery Boxes, Powder-Boxes, Cutlery Cases and Similar Containers, of Leather or of Composition Leather, of Sheeting of Plastics, of Textile Materials, of Vulcanised Fibre or of Paperboard, or Wholly or Mainly Covered with Such Materials or With Paper. (Emphasis added).

Thus, handbags, wallets and similar containers with outer surface of plastic sheeting are classifiable under heading 4202.

Subheading 4202.22 provides for handbags with outer surface of plastic sheeting. On the other hand, subheading 4202.32 encompasses articles of a kind normally carried in the pocket or in the handbag, with outer surface of plastic sheeting. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the nomenclature at the international level, provide in pertinent part:

Subheadings 4202.31, 4202.32 and 4202.39

These subheadings cover 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. (Emphasis added).

Therefore, if the submitted samples are wallets, they are classifiable as articles of a kind normally carried in the pocket or in the handbag.

The term "wallet" is not defined in the HTSUSA or in the applicable EN. However, we note the following definitions of the term "wallet" from lexicographic sources:

Essential Terms of Fashion: A Collection of Definitions, Charlotte M. Calasibetta, Fairchild Publications, 1986: An item used to carry paper money, credit cards, photographs and sometimes with a change purse or space for a check book or pad.

The Fashion Dictionary, Mary Brooks Picken, Funk & Wagnalls, 1973: 1. Flat purse or pocketbook, for carrying either paper money or coins.

Webster's New Collegiate Dictionary, G. & C. Merriam Co., 1977: 1. a bag for carrying miscellaneous articles while traveling; 2 a: billfold b: a pocketbook with compartments for change, photographs, cards, and keys.

Webster's New World Dictionary, Third College Edition, Simon & Schuster, Inc., 1988: 1. [Archaic] a knapsack; 2. a flat pocketbook, as of leather, with compartments for paper money, cards, etc.; billfold.

Styles 670183 and 670543 feature compartments specially fitted to hold such items as paper money, credit cards, photographs, change, and check books. They are relatively flat, as they cannot be expanded to a width greater than 1 3/4 inches. Hence, they appear to be prima facie classifiable as wallets.

We also recognize that the term "handbag" has been defined as follows:

Essential Terms of Fashion: A Collection of Definitions: Accessory carried primarily by women and girls to hold such items as money, credit cards, and cosmetics.

The Fashion Dictionary: Soft or rigid bag carried in hand or on arm. Size, shape, handle, etc., depend on fashion. Used by women as container for money and pocket-sized accessories.

Webster's New Collegiate Dictionary: 1. traveling bag; 2. a woman's bag held in the hand or hung from a shoulder strap and used for carrying small personal articles and money.

Webster's New World Dictionary: A bag, usually of leather or cloth, held in the hand or hung by a strap from the arm or shoulder and used, by women, to carry money, keys, and personal effects.

In addition, the terms "clutch" and "clutch bags" are recognized as a kind of "handbag":

Essential Terms of Fashion: A Collection of Definitions: Small or medium-sized handbag made in envelope style or with zippered top. May have an optional detachable strap or laces--otherwise "clutched" in hand or tucked under arm.

The Fashion Dictionary: Bag of medium size in envelope style that is carried in the hand, of various fabrics or leathers.

Webster's New Collegiate Dictionary: A woman's small usually strapless handbag.

Webster's New World Dictionary: A woman's small handbag with no handle or strap, held in the hand.

In this case, the articles in question are designed to carry money and other personal effects. They feature an envelope style and are held in the hand or under the arm. Hence, these items are prima facie classifiable as clutch handbags.

Thus, the instant articles are prima facie classifiable under two separate subheadings of heading 4202. GRI 6 states that:

For legal purposes, the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes and, mutatis mutandis, to the above rules, on the understanding that only subheadings at the same level are comparable. For the purposes of this rule, the relative section, chapter and subchapter notes also apply, unless the context otherwise requires.

It follows that we may use GRI 1 through 5 to determine the proper classification of the instant merchandise.

GRI 3 controls the classification of merchandise which is prima facie classifiable under two or more subheadings. GRI 3(a) provides that "the heading which provides the most specific description shall be preferred to headings providing a more general description." The EN to GRI 3(a) state in pertinent part:

If the goods answer to a description which more clearly identifies them, that description is more specific than one where identification is less complete.

In this instance, the term "wallets" most specifically describes the instant merchandise. We note that wallets are usually specially shaped or fitted to hold paper money, credit cards, coins and identification cards. Here, both styles feature slots and compartments fitted to hold these articles.

Moreover, the instant containers measure 7 1/4 inches in length, 4 inches in height, with a maximum width of 1 3/4 inches. Containers of such dimension fit snugly inside compartments found in many handbags. Based upon the size of the instant merchandise and the fact that they are specially shaped and fitted to hold small personal effects, we conclude that they will be principally used as articles carried in the handbag.

We recognize that the samples contain checkbook covers which themselves would be classified as articles normally carried in the handbag. However, the presence of the checkbook covers does not preclude the instant articles from being classified as wallets. The definition of the term "wallet" contained in the Essential Terms of Fashion states that a checkbook is an item that may be carried in a wallet. In addition, there is no specific requirement that we classify an article as a handbag if it contains an article normally carried in the handbag.

We also concede that the samples contain compartments which are not specially shaped or fitted to hold certain personal effects. These sections resemble those found in handbags, and are suitable for holding a variety of small personal effects. However, the compartments are not as large as those found in a typical handbag. They cannot accommodate, for example, items such as a hairbrush, certain cosmetics or a set of keys on a chain, which are often placed in handbags. Hence, we conclude that these compartments play an ancillary role in relation to the entire article.

We hasten to add that if the containers were larger, less compartmentalized or exhibited other attributes typically associated in handbags, they could be classified as handbags. Therefore, the classification of envelope style clutch containers will be on a case-by-case basis.

HOLDING:

The subject merchandise is classifiable under subheading 4202.32.1000, HTSUSA, which provides for articles of a kind normally carried in the pocket or handbag: with outer surface of plastic sheeting or of textile materials: with outer surface of plastic sheeting: of reinforced or laminated plastics. The applicable rate of duty is 12.1 cents/kg + 4.6 percent ad valorem.

This notice to you should be considered a modification of DD 880908 under 19 CFR 177.9(d)(1). We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, your client may, at its discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

Sincerely,

John Durant, Director