“Hobo” style Bags: Handbag or Tote / Travel Bag?
A recently issued ruling by U.S. Customs and Border Protection Headquarters provides more insight for importers into the mysteries of classification within Heading 4202, HTSUS. It may also provide a lower duty rate and / or refunds!
In the case of HQ H268949, CBP considered a Women’s Hobo Bag constructed as follows:
outer surface of 100% plastic sheeting and a textile lined interior. It is reinforced along the bottom and corners. The bag closes at top with a zipper. The bag is typical of the hobo bag style in that it is characterized by a crescent shape and measures 14-1/2 inches in length, 6 inches in width, and 9.5 inches in height at its center and 13 inches on each side of its crescent shape. It has one top carrying strap, affixed to either side by means of silver-colored metal hardware, which together measure at 12 inches. The strap is designed to be carried by hand or hung over the shoulder. Its inner lining has a zippered pocket on one inside wall. The bag has four exterior pockets. As is characteristic of the hobo bag style, the instant bag is made of soft, flexible materials and tends to slump or slouch when set down.
CBP reiterated the factors it had found in the past regarding the traits that distinguish handbags from tote / travel bags, including the following dimension analysis: Regarding tote bags, CBP has stated that a tote bag generally has at least one side which exceeds 12 inches in length and can carry many different sundry items such as food, books or clothing. However, CBP’s analysis did not end there. It went on to find that although a bag may have one side longer than 12”, it may still be a handbag if another factor interferes with the bag’s capability of practically transporting larger items. CBP relied from the older ruling HQ H140975: Despite having at least one side which exceeded 12 inches in length like a tote bag, CBP ruled that because of its short strap, it was difficult to carry the aforementioned sundry items while properly securing the bag’s top.
As with the small berry bag of HQ H140975, in the recent HQ H268949, CBP found that:
the instant bag is substantially similar to the small berry bag in HQ H140975. Like the small berry bag, it has one side that exceeds 12 inches as does a typical tote bag. However, it also has a short strap that causes it to become taut across the bag’s opening at top when filled with various sundry items (e.g., water bottles, a pair of women’s shoes, books, etc.), thus making it difficult to maneuver them and close the zipper on top because of obstruction. We therefore conclude that the instant bag is designed to carry small personal items and is a handbag of subheading 4202.22.1500.
Accordingly, importers of certain Hobo style bags may wish to review their designs to determine if those bags are similar in material respects to the Hobo Bag considered in H2698949[1] and deserving of a more advantageous classification for future imports or protest for recent ones.
Fashion Accessories Shippers Association, Inc. Gemini Shippers Association
Tel 212.947.3424 Fax 212.629.0361 137 West 25th Street, 3rd Floor, New York, NY 10001 www.geminishippers.com
[1] Although a ruling is binding on the requesting party only, it may be used as an authoritative reference with respect to items similar in material respects to the item ruled upon. In this case, an outer surface 100% plastic sheeting bag with the same features and dimensions.