CLA-2  CO:R:C:G  084045 DFC
Ms. Mona Webster
          Import Customs Specialist
          Target Stores
          33 South Sixth Street
          P.O. Box 1392
          Minneapolis, Minnesota 55440-1392
          RE: Tariff classification of a cotton tote bag with sunglasses
              made in China
          Dear Ms. Webster:
                In a letter dated March 23, 1989, you inquired as to the
          tariff classification of a cotton canvas tote bag with
          sunglasses. A sample was submitted for examination.
          FACTS:
                The sample tote bag measures approximately 10 inches in
          width and 9-1/4 inches in height and is made of cotton canvas. It
          has two cotton canvas carrying straps.  Attached to the bag is a
          transparent, plastic sunglass case containing a pair of plastic
          sunglasses.  Imprinted on the front of the bag is the
          representation of an elephant on roller skates pulling a wagon
          holding a cat and a bear. The plastic glasses are so positioned
          on the bag as to give the impression that the elephant is wearing
          them. You indicate that the principal use in the United States
          for this merchandise will be as a kid's tote bag.
          ISSUE
                Does the combination consisting of the tote bag and the
          sunglasses constitute a set for tariff purposes?
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          LAW AND ANALYSIS:
                In applying the Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), the Customs Service must follow thew
          terms of the statute. Classification of goods under the HTSUSA is
          governed by the General Rules of Interpretation (GRI's). GRI 1
          provides that "classification shall be determined according to
          the terms of the headings and any relative section or chapter
          notes, and, provided such headings or notes do not otherwise
          require, according to [the remaining GRI's taken in order]." In
          other words classification is governed first by the terms of the
          headings of the tariff and relative section or chapter notes
                GRI 2(b), HTSUSA, provides in part that "[t]he
          classification of goods consisting of more than one material or
          substance shall be according to the principles of Rule 3."
                We note that the tote bag is classifiable under subheading
          4202.92.1500, HTSUSA, while the sunglasses are classifiable under
          subheading 9004.10.0000, HTSUSA.  When goods are prima facie
          classifiable under two or more headings or subheadings in the
          HTSUSA, classification must be determined based on the sequential
          application of the principles set out in GRI 3, HTSUSA, which
          reads as follows:
               3.     When, by application of Rule 2(b) or for any other
                      reason, goods are, prima facie, classifiable under
                      two or more headings, classification shall be
                      effected as follows:
                     (a)    The heading which provides the most specific
                            description shall be preferred to headings
                            providing a more general description. However,
                            when two or more headings each refer to part
                            only of the materials or substances contained
                            in mixed or composite goods . . . those
                            headings are to be regarded as equally specific
                            in relation to those goods, even if one of them
                            gives a more complete or precise description of
                            the goods.
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                     (b)    Mixtures, composite goods consisting of
                            different materials or made up of different
                            components, and goods put up in sets for retail
                            sale which cannot be classified by reference to
                            3(a), shall be classified as if they consisted
                            of the material or component which gives them
                            their essential character, insofar as this
                            criterion is applicable.
                GRI 3(b), HTSUSA, is relevant here because GRI 3(a),
          HTSUSA, cannot be used in determining classification. The
          Explanatory Notes for GRI 3, HTSUSA, state that the term "goods
          put up in sets for retail sale" means goods that:
               (a)    consist of at least two different articles prima
                      facie classifiable in different headings (or, by GRI
                      6, subheadings).
               (b)    consist of products or articles put together to meet
                      a particular need or carry out a specific activity;
                      and
               (c)    are put up in a manner suitable for sale directly to
                      users without repacking.
                The cotton canvas tote bag and the sunglasses do not
          constitute  a set for tariff purposes.  A product must meet all
          of the above conditions in order to be regarded as a set. The
          fact that miscellaneous items, as is the case here, are packaged
          together for retail sale does not mean that the merchandise may
          be considered a set.  All of the items which are packaged
          together must be dedicated to as "particular need" or "specific
          activity." In this instance the tote bag and the sunglasses
          perform diverse functions and are not geared to a "particular
          need" or a "specific activity."
                Pursuant to GRI 3(b), HTSUSA, classification of the tote
          bag with the transparent, plastic sunglass case attached is
          dependent on the component or material which imparts its
          essential character. The Explanatory Note for GRI 3(b), HTSUSA,
          reads in pertinent part as follows:
               (VIII) The factor which determines essential character will
                      vary as between different kinds of goods. It may, for
                      example, be determined by the nature of the material,
                      its bulk, quantity, weight, or value, or by the role
                      of a constituent material in relation to the use of
                      the goods.
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                Here there is no doubt that the essential character of the
          tote bag with the attached transparent eyeglass case is imparted
          by the cotton canvas tote bag.  Certainly, the sunglass case is
          subordinate to the tote bag in terms of value, weight, and bulk.
          Consequently, the tote bag with the attached sunglass case is
          classifiable under subheading 4202.92.1500, HTSUSA, as travel,
          sports and similar bags, with outer surface of textile materials,
          of vegetable fibers and not of pile or tufted construction, of
          cotton.
                 The plastic sunglasses are separately classifiable under
          subheading 9004.10.0000, HTSUSA, as spectacles, goggles and the
          like, corrective, protective or other, sunglasses.
          HOLDING:
                The tote bag with the attached plastic sunglass case is
          classifiable under subheading 4202.92.1500, HTSUSA, and dutiable
          at the rate of 7.2 percent ad valorem. The applicable textile
          category is 369.
                The sunglasses are classifiable under subheading
          9404.10.0000, HTSUSA, with duty at the rate of 7.2 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, you should contact your 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
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