CLA-2 RR:TC:TE 960201 GGD
Ms. Ludene Murphree
The Gap, Inc.
345 Spear Street
San Francisco, California 94105
RE: Modification of Port Ruling Letter (PD) B80156; Style
168804 "Shopper Type Tote Bag;" Traveling or Shopping Bag;
Dear Ms. Murphree:
In PD B80156, issued January 6, 1997, three styles of nylon
tote bags were classified in subheading 4202.22.8050, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), textile
category 670, which provides for "Handbags, whether or not with
shoulder strap, including those without handle: With outer
surface of sheeting of plastic or of textile materials: With
outer surface of textile materials: Other: Other: Other, Of man-made fibers," with an applicable duty rate of 19.3 percent ad
valorem. We have reviewed that ruling and, with respect to style
168804, have found it to be partially in error. Therefore, this
ruling modifies PD B80156.
In your request for a binding classification ruling, dated
December 4, 1996, style 168804 was described as a 100 percent
nylon woven large tote bag with double bamboo handles and a
detachable nylon shoulder strap. The bag had a zipper top
closure and an interior zippered pocket against the back side.
In your request, it was stated that the bag measured 16 inches in
length by 12-5/8 inches in height by 6-3/8 inches in width. A -2-
frontal view sketch of style 168804 on a design specification
sheet indicated similar dimensions. Examination of the actual
sample, however, reveals that the bag measures approximately 16
inches in height by 12-5/8 inches in length by 6-3/8 inches in
Whether the merchandise is more properly classified in
subheading 4202.22.8050, HTSUSA, as a handbag; or in subheading
4202.92.3030, HTSUSA, as a shopper or traveling bag other than a
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with
the General Rules of Interpretation (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.
Among other goods, heading 4202, HTSUS, provides for
traveling bags, toiletry bags, handbags, and similar containers.
Subheading 4202.22, HTSUS, provides for handbags. The word
"handbag" is defined in Webster's New World Dictionary, Second
College Edition, 1972, as: "1. a small container for money,
toilet articles, keys, etc., carried by women; purse 2. a small
suitcase or valise."
Subheading 4202.92, HTSUS, provides in part for travel,
sports and similar bags. Additional U.S. Note 1 to chapter 42,
HTSUS, states that:
[f]or the purposes of heading 4202, the expression "travel,
sports and similar bags" means goods, other than those
falling in subheadings 4202.11 through 4202.39, of a kind
designed for carrying clothing and other personal effects
during travel, including backpacks and shopping bags of this
In light of the manner in which the dimensions of style
168804 are configured, the container's large capacity, and its
resemblance to a shopping bag, we find that the item is properly
classified in subheading 4202.92.3030, HTSUSA.
The traveling/shopping bag identified as style 168804 is
properly classified in subheading 4202.92.3030, HTSUSA, textile
category 670, the provision for "Travel, sports and similar bags:
With outer surface of textile materials: Other, Other: Of man-made fibers: Other." The applicable column one duty rate is 19.3
percent ad valorem.
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.
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.
PD B80156, issued January 6, 1997, is hereby modified.
John Durant, Director