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HQ 083022


March 27, 1990

CLA-2: CO:R:C:G 083022 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. M. Barry Levy
Sharretts, Paley, Carter & Blauvelt, P.C. Eighty Broad Street
New York, New York 10004

RE: Classification of duck decoy bag

Dear Mr. Levy:

This is in reference to your letter dated August 1, 1988, requesting the classification of a duck decoy bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is a duck decoy bag designed for use in the sport of duck hunting. The bag measures 52 inches by 40 inches and is constructed of nylon net with a drawstring closure and double shoulder straps. The bag will be imported from Taiwan.

ISSUE:

Whether the bag at issue is classifiable under Heading 5608, HTSUSA, or Heading 4202, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 5608, HTSUSA, provides for made up nets; Heading 4202, HTSUSA, provides for, various types of bags, including sports bags.

The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct interpretation of the various HTSUSA provisions. The Explanatory Notes for heading 5608 state that "made up fishing nets and other made up nets, of textile materials... may be made of yarn and the open mesh may be obtained by knotting or otherwise." The Explanatory Notes also state that this subheading includes net shopping bags and similar carrying nets. However, the raschel knit fabric of which the bag at issue is constructed is a knit fabric and not considered net fabric for purposes of the HTSUSA. In order for an article to be classified in Heading 5608 as other made up nets it must be made of a net fabric classifiable in heading 5804. In light of the fact that the terms of Heading 5804 exclude knit fabrics, the knit bag at issue cannot be classified in Heading 5608.

Additional U.S. note 1 to Chapter 42, states that Heading 4202 includes articles designed to contain clothing and other personal effects during travel. The duck decoy bag at issue is designed to carry other articles for travel and is therefore most specifically provided for under Heading 4202.

HOLDING:

The duck decoy bag at issue is classifiable under subheading 4202.92.3030, HTSUSA, as travel, sports and similar containers with outer surface of textile materials, other, other, other,with a duty rate of 20 percent ad valorem. The textile category for this subheading is 670.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,

John Durant, Director

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