CLA-2 CO:R:C:T 088314 CC 832975
Mr. Ronald M. Pigliacelli
Manager/Import Operations
DEB Shops Inc.
9401 Blue Grass Road
Philadelphia, PA 19114
RE: Modification of NYRL 832975; classification of ladies'
evening bags
Dear Mr. Pigliacelli:
On November 18, 1988 New York Ruling Letter (NYRL) 832975
was issued concerning the classification of certain ladies'
evening bags under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA). We have had the occasion to review
this ruling and have determined that the classification of 4
styles of these bags, 4332, 4336, 4387, and 4398, was in error.
FACTS:
Style 4332 is a white textile evening bag made of open work
fabric with an inwrought design. It has a braided shoulder strap
and a nylon zipper closure at the top, and a textile tassel is
attached to the zipper pull. Style 4336 is a pink textile
evening bag made of open work fabric with an inwrought design.
It has a braided shoulder strap and a facile frame closure at
the top. Style 4387 is a black textile evening bag with beads
and bugles sewn across part of the front. It has a nylon zipper
closure at the top and a braided shoulder strap. Style 4398 is a
black textile evening bag with beads and bugles sewn across part
of the front flap. It has a braided shoulder strap and a front
snap closure. All of these evening bags are made of man-made
materials.
These bags were classified in NYRL 832975 under subheading
4202.22.4030, HTSUSA, which provides for handbags, with outer
surface of textile materials, wholly or in part of braid, other,
other, of man-made fibers.
ISSUE:
Whether the evening bags at issue are classifiable as wholly
or in part of braid?
LAW AND ANALYSIS:
Classification of merchandise 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 notes.
General Note 7 to the HTSUSA provides the following
definitions for "wholly of" and "in part of":
Definitions. For the purposes of the tariff schedule,
unless the context otherwise requires--
...
(e) The terms "wholly of", "in part of", and "containing",
when used between the description of an article and a
material (e.g., "woven fabrics, wholly of cotton"),
have the following meanings:
...
(ii) "in part of" or "containing" mean that the goods
contain a significant quantity of the named
material.
With regard to the application of the quantitative
concepts specified above, it is intended that the de
minimis rule apply.
The de minimis rule states that an ingredient or component
of an article may be ignored for classification purposes
depending upon "whether or not the amount used has really
changed or affected the nature of the article and, of course, its
salability." Varsity Watch Company v. United States, 34 CCPA
155, C.A.D. 359 (1947). We have issued several rulings in which
evening bags with a braided shoulder strap were determined not to
be classifiable as wholly or in part of braid in application of
the de minimis rule. (See, e.g., HRL 084340, dated August 9,
1989, and HRL 083632, dated April 27, 1989.) The bags at issue
in this case are similar to the bags classified in those
rulings. Therefore the evening bags at issue are not
classifiable as wholly or in part of braid.
HOLDING:
The evening bags at issue, styles 4332, 4336, 4387, and
4398, are classifiable under subheading 4202.22.8050, HTSUSA,
which provides for handbags, whether or not with shoulder strap,
including those without handle, with outer surface of textile
materials, other, other, other, of man-made fibers. The rate of
duty is 20 percent ad valorem, and the textile category is 670.
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.
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.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying
NYRL 832975 to reflect the above classification effective with
the date of this letter. However, if after your review, you
disagree with the legal basis for our decision, we invite you to
submit any arguments you might have with respect to this matter
for our review. Any submission you wish to make should be
received within 30 days of the date of this letter.
This notice to you should be considered a modification of
NYRL 832975 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to NYRL 832975 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
merchandise under that ruling. However, for the purposes of
future transactions in merchandise of this type, NYRL 832975 will
not be valid precedent. 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, you may, at your 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
Commercial Rulings Division