CLA-2-42:OT:RR:NC:N3:341
Lisa R. Collier
Brand Science
P.O. Box 740
313 E. Meeting Street
Dandridge, TN 37725
RE: The tariff classification of a handbag, laptop computer bag, backpack, messenger bag, diaper bag, and metal chains from China
Dear Ms. Collier:
In your letter dated December 20, 2008 you requested a tariff classification ruling. The samples which you submitted are being returned as requested.
Style 3115 is a handbag constructed with an outer surface of 100% polyester textile material. It is designed to contain the small personal effects a woman would normally carry on a daily basis. The bag has a textile-lined main compartment with open pockets and a zippered pocket on the sidewalls. In addition to double carrying handles, the bag has a removable, adjustable shoulder strap with metal carabineers at each end. Both ends of the bag have open pockets with magnetic closures. Attached to a metal ring on the front exterior, are two removable metal bead chains with plastic charms. The bag has a metal zipper closure and measures approximately 12” (W) x 7.5” (H) x 5” (D).
Style 3117 is a laptop computer bag with an outer surface of 100% polyester textile material. It is designed and used only for the storage, protection, and transportation of a laptop computer. The case has a single padded interior storage compartment without additional features. The bag has a top metal zipper closure and the front exterior has a zippered pocket along the width of the bag. The rear exterior has an open pocket with a magnetic closure along the full width of the bag. The bag has an adjustable removable shoulder strap with metal carabineers at each end. Attached to a metal ring are two removable metal bead chains with plastic charms. It measures approximately 15” (W) x 11” (H) x 2” (D).
Style 3121 is a backpack constructed with an outer surface of 100% polyester textile material. It is designed to provide storage, protection, organization and portability to clothing and personal effects during travel. It has a textile-lined main compartment with a large open pocket on the sidewall. The backpack secures with a drawstring closure and a flap with a magnetic closure. Both ends of the bag have flap pockets with magnetic closures. The front exterior of the bag has a metal zippered compartment and two removable metal bead chains with plastic charms. Two adjustable straps are permanently attached to the rear exterior of the bag which enables the user to wear the bag over the shoulders and on the back. At the top of the bag, is a large webbed loop for hanging. It measures approximately 11” (W) x 18” (H) x 6.5” (D).
Style 3122 is a messenger bag constructed with an outer surface of 100% polyester textile material. It is designed to transport items normally carried to and from the office or school. It has a main textile-lined compartment with a large open pocket along the entire width of a sidewall, and two open pockets on the opposite side wall. The top of the bag secures with a metal zipper closure. The front exterior is covered by a flap that secures with two magnetic closures. The bag has an adjustable, non-removable webbed shoulder strap and both ends have open pockets with magnetic closures. Attached at the side of the bag are two removable metal bead chains with plastic charms. It measures approximately 15” (W) x 12” (H) x 4” (D).
In your letter, you suggest subheading 4202.22.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, whether or not with shoulder strap, including those without handles, with outer surface of textile material, other, other, of man-made fibers. Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI). Pursuant to GRI 1, goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes under the heading that most specifically describes them. The messenger bag is more specifically classified under subheading 4202.12.8030, HTSUS.
Style 3123 is a diaper bag with a removable changing pad. Both are constructed with an outer surface of 100% polyester textile material. The diaper bag and changing pad are imported packaged ready for retail sale and for classification purposes will be considered a set. The bag will impart the essential character of the set. The bag is designed to provide the useful functions of storage, protection, organization and portability to clothing, diapers, bottles, or other articles and personal effects during travel. It has a textile-lined main compartment with two open pockets and a zippered pocket on the sidewalls. The bag secures with a top metal zipper closure and has double carrying handles. In addition to the handles, the bag has an adjustable, removable webbed shoulder strap with metal carabineers at the ends. Attached to a metal ring on the front exterior are two removable metal bead chains with plastic charms. The rear exterior features an open pocket with a magnetic closure for a changing pad. Both ends of the bag have open pockets, also with, magnetic closures. It measures approximately 13.5” (W) x 13” (H) x 6” (D).
The applicable subheading for style 3115 will be 4202.22.8050, HTSUS, which provides for handbags, whether or not with shoulder strap, including those without handles, with outer surface of textile material, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.
The applicable subheading for style 3117 will be 4202.92.9026, HTSUS, which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6 percent ad valorem.
The applicable subheading for style 3121 will be 4202.92.3020, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, backpacks. The duty rate will be 17.6 percent ad valorem.
The applicable subheading for style 3122 will be 4202.12.8030, HTSUS, which provides for attaché cases, briefcases, school satchels, occupational luggage cases and similar containers, with outer surface of textile materials, other of man-made fibers. The duty rate will be 17.6 percent ad valorem.
The applicable subheading for style 3123 will be 4202.92.3031, HTSUS, which provides for which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 percent ad valorem.
The applicable subheading for the metal bead chains to styles 3115, 3117, 3121, 3122, 3123 will be 7315.89.5000, HTSUS, which provides for chain and parts thereof, of iron or steel, other chain, other, other. The rate of duty will be 3.9 percent 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 http://www.usitc.gov/tata/hts/.
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 (646) 733-3041.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division