CLA-2 RR:TC:TE 959791 GGD

James Caffentzis, Esquire
Fitch, King and Caffentzis
116 John Street
New York, New York 10038

RE: Modification of Headquarters Ruling Letter (HQ) 955655; Classification of Attache cases, Briefcases, and Similar Containers; Articles Classifiable in Heading 4202 Precluded from Classification under Chapter 48, HTSUS; Note 1(g) to Chapter 48, HTSUS

Dear Mr. Caffentzis:

Of the five separate styles of articles classified in HQ 955655, issued July 14, 1994, this office found that both styles 3342 and 3877 were prima facie classifiable in headings 4202 and 4820, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Style 3342 was found to be an article similar to a briefcase, but with additional features. Pursuant to General Rule of Interpretation (GRI) 3(b), it was found that the essential character of style 3342 was imparted by the physical characteristics of exemplars described in heading 4202. Style 3342 was thus classified in subheading 4202.11.0030, HTSUSA, the provision for "Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers: With outer surface of leather, of composition leather, or of patent leather, Attache cases, brief cases, school satchels, occupational luggage cases and similar containers."

With respect to style 3877, a stated inability to determine whether the characteristics of a carrying case or an organizer/ planner imparted the essential character resulted in the product -2-

being classified pursuant to GRI 3(c), under heading 4820, the heading which occurs last numerically among those said to have merited equal consideration. Style 3877 was classified in subheading 4820.10.2010, HTSUSA, which provides for "Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: Diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles, Other."

We have reviewed HQ 955655 and have found it to be partially in error. Therefore, this ruling modifies HQ 955655.

Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of the proposed modification of HQ 955655 was published on January 2, 1997, in the Customs Bulletin, Volume 30/31, Number 52/1.

FACTS:

At the time HQ 955655 was issued, the sample identified as style 3342 was described as measuring approximately 11-1/4 inches by 14-1/2 inches by 2-3/4 inches, and possessing a zipper closure with a three ring binder permanently affixed at the spine. A combination note pad and one page pre-printed calendar could be placed in the binder or inserted into a slot on the inside of the case. The opposite interior wall possessed two tapered, gussetted pockets with snap tab restraints. Two smaller pockets with hook and loop fastener closures and three pen holders were also included. The exterior of the case featured retractable handles and a full length pocket on each side.

The sample identified as style 3877 was described as a case possessing an exterior surface of apparently man-made fibers with leather trim. The item measured approximately 10-1/2 inches by 13-3/4 inches by 1-3/4 inches and possessed a zipper closure with a three ring binder permanently affixed at the spine. A combination note pad and one page pre-printed calendar could be placed in the binder or inserted into a slot on the inside of the case. A full wall pocket had been sewn behind the slot for the note pad. The opposite interior wall featured an open, full wall pocket, a zippered pocket measuring approximately 7-1/2 inches in length, a gussetted pocket (with hook and loop fastener closure) -3-

measuring approximately 4-1/2 inches by 5 inches, and four pen holders. The exterior of the case included a handle sewn to the spine for carrying the article in an inverted position.

ISSUE:

Whether goods that are prima facie classifiable in heading 4202, HTSUS, are precluded from classification under heading 4820, HTSUS, and required to be classified solely on the basis of GRI 1.

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the GRI. GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and GRI. Heading 4202, HTSUS, provides, in part, for attache cases, briefcases, and similar containers. The exemplars named in heading 4202 have in common the purpose of organizing, storing, protecting, and carrying various items. In HQ 955655, both styles 3342 and 3877 were found to possess features and physical attributes associated with attache cases or briefcases. On this basis, it was concluded that the goods were prima facie classifiable in heading 4202.

Among other merchandise, heading 4820, HTSUS, covers notebooks, letter pads, memorandum pads, diaries and similar articles. In 1994, note 1(g) to chapter 48, HTSUS, stated that "This chapter does not cover: Articles of heading 4202 (for example, travel goods)." (The exclusion is currently contained in note 1(h) to chapter 48, HTSUS.)

As noted above, GRI 1 requires that "classification shall be determined according to the terms of the headings and any relative section or chapter notes." Other GRI may be used -4-

"provided such headings or notes do not otherwise require." In this case, the competition between the two headings is resolved by chapter note 1(g), which excludes articles of heading 4202 from Chapter 48. Since a note does require that other GRI not be used to determine classification, styles 3342 and 3877 must be classified pursuant to GRI 1, under heading 4202. Therefore, this office's finding in HQ 955655, that style nos. 3342 and 3877 were classifiable in Heading 4202, HTSUS, precluded the classification of either style under Chapter 48, and rendered analysis pursuant to GRI 3 inappropriate.

HOLDING:

The article identified as style 3877 is classified in subheading 4202.12.8030, HTSUSA, textile category 670, the provision for "Trunks... attache cases, briefcases, school satchels and similar containers: With outer surface of plastics or of textile materials: With outer surface of textile materials: Other, Attache cases, brief cases... and similar containers: Other: Of man-made fibers." The applicable rate of duty is 19.5 percent ad valorem.

The article identified as style 3342 remains classified in subheading 4202.11.0030, HTSUSA, the provision for "Trunks... attache cases, briefcases, school satchels and similar containers: With outer surface of leather, of composition leather, or of patent leather, Attache cases, brief cases... and similar containers." The applicable rate of duty is 8 percent ad valorem.

HQ 955655, issued July 14, 1994, is hereby modified.

In accordance with section 625, this ruling will become effective 60 days from its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

Sincerely,

John Durant, Director
Tariff Classification
Appeals Division