HQ 0083023 - Classification of stroller bag - United States International Trade Commision Rulings

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HQ 083023

March 26, 1990

CLA-2:CO:R:C:G 083023 DRR 830998

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9050

Mr. J. M. Abrahams
The Phil Patterson Corp.
Airport Terminal Building Room 16
Des Moines, Iowa 50321

RE: Classification of stroller bag

Dear Mr. Abrahams:

This is in reference to your letter dated April 25, 1988, requesting the classification of a stroller bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is a bag designed for use on a baby stroller or carriage. The bag is constructed of knit man- made net fabric. It measures approximately 16 inches by 11 inches with an elasticized opening and a plastic hook at each end. The bag will be imported from South Korea. The bag was previously classified under TSUS item 386.1443. Your letter indicates that you believe that the bag is classifiable as a stroller part or accessory.

ISSUE:

Whether the bag at issue is classifiable under Heading 8715, HTSUSA, Heading 5608, HTSUSA, or Heading 6307, 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 8715, HTSUSA, provides for stroller parts. Heading 5608, HTSUSA, provides for other made up nets. Heading 6307, HTSUSA, provides for other made up articles.

The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct interpretation of the various HTSUSA provisions at the international level. The Explanatory Notes for heading 8715 state that parts of baby carriages must be identifiable as suitable for use solely or principally with the carriages of that heading. A part is defined as an integral constituent or component part without which the article to which it is joined could not function and which aids the safe and efficient operation of the main article. An accessory, while not needed to enable the goods with which they are used to fulfill their intended function, must be identifiable solely or principally for use with a specific article. The bag at issue does not meet the criteria for either a part or accessory and therefore is not classifiable under Heading 8715.

The Explanatory Notes for Heading 5608 provide for "made up fishing nets and other made up nets, of textile materials... [which] 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.

With regard to the remaining provision under consideration, Heading 6307, the Explanatory Notes state that this heading covers made up articles of any textile material which are not included more specifically elsewhere. Accordingly, the laundernette bag is classifiable under the provisions of Heading 6307.

HOLDING:

The net bag at issue is classified under subheading 6307.90.9050, HTSUSA, as other made up articles, other, other, with a duty rate of 7 percent ad valorem. There is currently no textile category for this subheading.

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.

Sincerely,

John Durant, Director

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