Tote-Sized Bag Classifiable as Handbag Due to Short Straps, CBP Says

Despite size characteristics of a tote bag, "hobo" bags with short straps can be classified as a handbag, CBP said in a Jan. 30 ruling (here). The ruling follows a further review of protest from Target Customs Brokers for Target General Merchandise regarding the classification of a women's hobo bag on three entries in 2013. CBP liquidated the entries as tote bags under subheading 4202.92.4500, which covers a travel, sports or similar bag. CBP often looks to the size of a bag to differentiate between tote bag and handbag classifications in subheading 4202.22 (see 1611020020).

The bags are typical of "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," CBP said. The agency uses a number of factors, including the dimensions, when classifying bags, it said. "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," it said.

While the hobo bag includes a side bigger than 12 inches, it "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," CBP said. The agency tested the capacity for bags with similarly short straps in a previous ruling and found such bags difficult to use with larger items that a tote bag allows for, it said. As a result, CBP instructed the Port of Savannah to grant the protest for the hobo bags, which should be classified in subheading 4202.22.1500 as handbags, with a 16 percent duty rate.