CLA-2-42:OT:RR:NC:N4:441
Ms. Jaziel Ann Lucas Peralta
9049 Covina Street
San Diego, CA 92126
RE: The tariff classification of a handbag from the Philippines
Dear Ms. Peralta:
In your letter dated September 14, 2020, you requested a tariff classification ruling. You have submitted photos in lieu of a sample.
The article at issue, item #6–Regular Messenger Premium, is a handbag. It is designed and sized to contain the small personal effects normally carried on a daily basis. In your submission, you stated that it is constructed with an outer surface of 100 percent polypropylene (PP) strips that each measure 1.5 mm in width. You also stated that the outer surface is not coated with plastic sheeting. The article features a frontal flap that secures with two leather straps and two brass pins. The interior has one compartment. The exterior features one removable adjustable shoulder strap. The two leather straps and the shoulder strap feature with the words “BAYONGCIAGA.” The handbag measures approximately 9” (L) x 10” (H) x 3” (W).
Per Section XI Note 1(g), Harmonized Tariff Schedule of the United States (HTSUS), and the Explanatory Notes to Chapter 46, specifically General Note (3) and Note (ii), plastic strips measuring 5 mm or under in apparent width are not within the definition of plaiting materials. Plastic strips that measure up to 5 mm in width constitute a textile. The strips of plastic that comprise the outer surface of the handbag, per the information you provided, measure under 5 mm in width. The article will be classified accordingly.
The applicable subheading for the handbag will be 4202.22.8100, HTSUS, which provides for handbags, whether or not with shoulder strap, including those without a handle, with outer surface of textile materials, other, other, of man-made fibers. The general rate of duty will be 17.6% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The sample in the photographs you submitted was not marked with the country of origin. This is not acceptable to satisfy the marking requirements described above. Please submit photos of the marked sample in a new ruling request if you require a determination on the country of origin marking.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Vikki Lazaro at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division