CLA-2-42:OT:RR:NC:N4:441
Mika M. McLafferty
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP
399 Park Avenue
New York, NY 10022-4877
RE: The tariff classification of a tote bag and a messenger bag from France. Correction to Ruling Number N193117
Dear Ms. Mc Lafferty:
This replaces Ruling Number N193117, dated December 15, 2011, which contained a clerical error. The styles numbers for two bags were reversed. A complete corrected ruling follows:
Style 2826-736 is a handbag constructed of 100% genuine leather. The bag is designed and sized to contain money, keys, and small accessories that are carried on a daily basis. It has a textile-lined storage compartment with a zippered pocket and two open pockets on the sidewalls. The bag secures with two hidden magnets and a twist-lock metal closure. It has both a removable shoulder strap with metal clips at each end and two carrying handles designed to be worn over the elbow. The front and back exteriors each have a zippered compartment across the width of the bag. The bag measures approximately 12” (W) x 9.75” (H) x 5.5” (D).
Style 1050 194 is a tote bag constructed of 100% genuine leather. The bag is designed and sized to provide storage, protection, portability, and organization to clothing and other personal effects during travel. The bag has a textile-lined interior storage compartment with a zippered pocket and two open pockets on the sidewalls. It has an open top with a drawstring closure and a permanently attached adjustable shoulder strap. The bag measures approximately 12.5” (W) x 13” (H) x 4.75” (D).
Style 2833-247 is a messenger bag constructed of 100% genuine leather. The bag is designed to provide storage, protection, portability and organization to items normally carried to and from the school or office. It has a textile-lined interior compartment with a zippered pocket across the width on the back wall and two large open pockets on the front wall. The front exterior has two separate open pockets that are fully covered by a large flap that secures the bag by means of a magnetic closure. The flap has a zippered pocket across the width. The back exterior has an open pocket with a hidden magnetic closure across the width. The bag has a single shoulder strap and measures approximately 13.5” (W) x 9.5” (H) x 2.5” (D).
In your letter, you suggest classification for style 2833-247 under subheading 4202.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of leather. It is a form of a school satchel and shares the essential characteristics, as well as the specific and primary purpose of the containers of Heading 4202.11, HTSUS. As such, it is more specifically provided for in heading 4202.11.0030, HTSUS.
The applicable subheading for style 2826-736 will be 4202.21.9000, HTSUS, which provides for handbags, whether or not with shoulder straps, including those without handle, with outer surface of leather, other, valued over $20 each. The rate of duty will be 9 percent ad valorem.
The applicable subheading for style 1050-194 will be 4202.91.0030, HTSUS, which provides for travel, sports, and similar bags, with outer surface of leather. The rate of duty will be 4.5 percent ad valorem.
The applicable subheading for style 2833-247 will be 4202.11.0030, HTSUS, which provides for trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels and similar containers, with outer surface of leather. The rate of duty will be 8 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,
Thomas J. Russo
Director
National Commodity Specialist Division