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HQ 083196


March 27, 1990

CLA-2:CO:R:C:G 083196 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9050

Mr. Steve W. Rose
Nafatech, Inc.
The Colesville Professional Center
13321 New Hampshire Ave. Suite D
Silver Spring, Maryland 20904

RE: Classification of net laundry bag

Dear Mr. Rose:

This is in reference to your letter dated October 11, 1988, requesting the classification of a net laundry (laundernette) bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is a net laundry bag designed to hold small articles of clothing together when placed in a washing machine. The article is constructed of polyester net and is available in three sizes. The net laundry bags will be imported from England.

ISSUE:

Whether the net laundry bag at issue is classifiable under Heading 5608, HTSUSA, Heading 6307, 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 6307, HTSUSA, provides for other made up articles. Heading 4202, HTSUSA, provides for, among other things, suitcases, trunks, and various types of 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 laundernette 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.

Although the Explanatory Notes for Heading 4202 do not specifically exclude laundry or lingerie bags, the items enumerated in that heading are generally articles used for the protection, storage or transportation of other belongings. The laundernette bag, which is intended for use in a washing machine, does not appear to belong in this heading. Furthermore, it is not designed to transport clothing and would therefore not be within the purview of Additional U.S. Note 1 to Chapter 42, which states that Heading 4202 includes articles designed to carry clothing and other personal effects during travel.

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 laundernette 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, the importer should contact the 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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