HQ 951534

August 4, 1992

CLA-2 CO:R:C:T 951534 SK

CATEGORY: Classification

TARIFF NO.: 4202.92.3030

District Director

U.S. Customs Service

610 South Canal Street

Chicago, IL 60607

RE: Decision on Application for Further Review of Protest No.

3901 92 100361; classification of three styles of cosmetic

cases; classification of cosmetic cases as articles normally

carried in a handbag v. travel bags; HRL 087419 (7/12/90);

4202.92.3030, HTSUSA.

Dear Sir:

This is a decision on application for further review of a

protest timely filed on behalf of Dorothy Lipton Designs, Inc.,

on February 7, 1992, against your decision regarding the

classification of three styles of cosmetic cases. Three entries

were made for these articles, but none have been liquidated.

FACTS:

At issue are three styles of cosmetic cases. All three

styles are manufactured of substantial weight jacquard man-made

fiber fabric outer material with heavy gauge coated inner fabric

material and vinyl sheet material lining. All three have nylon

top zippers.

\*Style #211 measures 7.25\" x 4.5\" x .5\".

\*Style #32 measures 8\" x 3.5\" x 2.5\".

\*Style #041 measures 6\" x 4\" x .75\".

These articles were originally classified in New York Ruling

Letter (NYRL) 869420, dated December 18, 1991, under subheading

4202.92.1500, HTSUSA, and 4202.92.3030, HTSUSA, as either cotton

or man-made-fiber travel bags.

\- 2 -

The importer, Dorothy Lipton Designs, Inc., contests this

classification and asserts that proper classification of the

articles is under either subheading 4202.32.4000, HTSUSA, or

4202.32.9550, HTSUSA, depending on the fabric of the article.

ISSUE:

Are the cosmetic cases at issue properly classifiable as

travel, sports or similar bags under subheading 4202.92.3030,

HTSUSA, or as articles of a kind normally found in a handbag, as

provided for in subheading 4202.32.9550, HTSUSA?

LAW AND ANALYSIS:

Classification under the HTSUSA is in accordance with the

General Rules of Interpretation (GRI\'s), taken in order. GRI 1

provides that classification is determined according to the terms

of the headings and any relevant section or chapter notes.

Subheading 4202.92, HTSUSA, provides for travel, sports and

similar bags. Additional U.S. Note 1 to Chapter 42 states:

\"For the purpose of heading 4202, the expression \'travel

sports and similar bags\' means goods other than those

falling in subheading 4202.11 through 4202.39, of a kind

designed for carrying clothing and other personal effects

during travel\....\" \[emphasis added\].

The articles at issue are cosmetics cases that are designed to

transport \"personal effects\" (i.e., cosmetics and various

toiletry or hygiene articles), \"during travel\" (i.e., from one

location to another). Essentially, the purpose of a cosmetic

case is to organize personal effects and to provide a single site

for the transport of these effects. It is foreseeable that the

cosmetic cases will be used inside of various other containers

such as handbags, suitcases, overnight bags, gym bags, etc\... .

We note that as there is no qualification of the term \"during

travel\", this office will not place limits on the duration or

distance of any journey in order for it to constitute \"travel\"

within the purview of the U.S. Note set forth above. \"Travel\"

may constitute relatively minor journeys such as commutes to work

or lengthier trips of greater duration and distance. As cosmetic

cases are designed to transport personal effects during travel,

we need only now determine whether these articles are more

specifically provided for under subheadings 4202.11 through

4202.39, HTSUSA, and therefore precluded from classification

under subheading 4202.92, HTSUSA.

\- 3 -

Subheadings 4202.11 through 4202.39, HTSUSA, provide for

articles of a kind normally carried in the pocket or in the

handbag. The Explanatory Notes (EN), which represent the

official interpretation of the tariff at the international level,

indicate that subheadings 4202.31, 4202.32 and 4202.39 include

such items as spectacle cases, note cases (bill folds), wallets,

purses, key cases, cigarette cases, cigar cases, pipe cases and

tobacco pouches. While cosmetic cases are not expressly

enumerated here we note that, by definition, exemplars are not

meant to create absolute restrictions as to what is or is not

classifiable within a particular provision. Rather, exemplars

are intended to illustrate the types of articles that are

properly classifiable in a given subheading. Therefore the

absence of \"cosmetic cases\" as a specifically cited exemplar will

not, in itself, bar classification of the subject merchandise

under subheading 4202.32, HTSUSA. Our analysis turns on whether

a cosmetic case is more aptly described as the type of article

normally carried in a handbag or whether cosmetic cases are more

properly designated as travel bags.

As set forth above, the common function of all cosmetic

cases is that they are designed to organize and transport

personal effects. There is no requirement that the travel

involved be significant. Virtually all cosmetic cases,

regardless of size specifications or design features, are used to

carry personal effects from one location to another (i.e.,

\"during travel\") and therefore subheading 4202.92, HTSUSA,

provides for the subject merchandise more specifically than does

subheading 4202.32, HTSUSA, which more generally provides for

articles normally found in a handbag.

Although a fine distinction is made with regard to whether

4202.92 or 4202.32, HTSUSA, controls the classification of

cosmetic cases, this office has consistently made such

determinations and concluded that subheading 4202.92, HTSUSA,

more specifically provides for such articles. See Headquarters

Ruling Letter (HRL) 087419, dated July 12, 1990. In HRL 087419,

Customs recognized that travel bags are articles designed to aid

in organizing and providing a convenient carrying case for an

individual and not primarily for use as a handbag accessory.

While it is true that some cosmetic cases, such as the three

styles at issue, may be small enough to be carried in a handbag,

subheading 4202.92, HTSUSA, nevertheless provides more

specifically for these articles because they are designed to

transport personal effects, whether or not in a handbag, and this

is the essence of a travel bag.

\- 4 -

HOLDING:

The three styles of cosmetic cases at issue are classifiable

under subheadings 4202.92.3030, HTSUSA,. which provides for

travel, sports and similar bags: with outer surface of textile

materials: other\... other, dutiable at a rate of 20 percent ad

valorem. The textile quota category is 670.

As the rate of duty under the classification indicated above

is the same as the rate under which the subject merchandise was

entered, you are instructed to deny the protest in full. A copy

of this decision should be furnished to the protestant with the

Form 19 notice of action.

Sincerely,

John Durant, Director

Commercial Rulings Division