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HQ 083272


January 10, 1990

CLA-2 CO:R:C:G 083272 RFC

CATEGORY: CLASSIFICATION

TARIFF NO: 5608.19.2000

Mr. Charles N. Riley
Wolf D. Barth Co., Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: Netting used to hold bait in lobster traps

Dear Mr. Riley:

This ruling letter is in response to your request of December 7, 1988, on behalf of Frank W. Winns & Sons, concerning classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for netting used to hold bait in lobster traps. The netting is made of a polyethylene cord and is produced in Indonesia. A sample was submitted for examination.

FACTS:

The submitted sample consists of netting composed of an intertwined and knotted polyethylene cord. The netting is in the shape of a conical basket with drawstrings at each end.

ISSUE:

What is the proper classification under the HTSUSA for the above-identified goods?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 states, in part, that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...."

Heading 5608 provides for knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials. Explanatory Note 56.08(2) states, in part, that "[m]ade up nets are nets, whether or not ready for use, made directly to shape or assembled from pieces of netting."

HOLDING:

The merchandise at issue is classified under subheading 5608.19.2000, HTSUSA, which provides for knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials, other, other, textile category 229, and dutiable at the rate of 10 percent ad valorem.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchanise, 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
Commercial Rulings Division

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