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HQ 086013


February 2, 1990

CLA-2 CO:R:C:G 086013 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.1000

Ms. Kelli Brown
MI CASA
149 Main Street
Burlington, Vermont 05401

RE: Classification of Yucatan Hammocks from Mexico

Dear Ms. Brown:

This ruling is in response to your letter of October 3, 1989, requesting a binding classification ruling on Yucatan Hammocks from Mexico.

FACTS:

A sample hammock has been submitted for review. The body of the hammock is made of 100 percent cotton cords; the supporting cords at each end are made of 100 percent nylon. The hammocks are handmade in Mexico by twisting and intertwining the cords. The twisted cords form an unstable open mesh. The cords are not anchored; they slip around easily.

ISSUE:

Is the hammock at issue classifiable under heading 5608, HTSUSA, which provides for, among other items, made up fishing nets and other made up nets, of textile materials; or under heading 6306, HTSUSA, which provides for, among other items, camping goods; or elsewhere in the HTSUSA?

LAW AND ANALYSIS:

Classification of products under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order].

The Explanatory Notes, which are the official interpretation of the HTSUS at the international level, provide the following guidance in regard to headings 5608 and 6306, respectively (in pertinent part):

Heading 5608

Made up fishing nets and other made up nets, of textile materials.

* * *, made up articles of this group may be made of yarn and the open mesh may be obtained by knotting or otherwise.

Made up nets are nets, whether or not ready for use, made directly to shape or assembled from pieces of netting. The presence of handles, rings, weights, floats, cords or other accessories does not affect the classification of the goods of this group.

Made up nets of this heading are restricted to those nets not covered more specifically by other headings of the Nomenclature. The heading includes fishing nets, camouflage nets, theatrical scenery nets, safety nets, net shopping bags, and similar carrying nets (e.g. for tennis balls or footballs), hammocks, balloon or air-ship nets, etc.

Heading 6306

Tarpaulins, * * *, tents and camping goods

Camping goods. This group includes canvas buckets, water bags, wash basins; ground-sheets; pneumatic mattresses, pillows and cushions (other than those of heading 40.16); hammocks (other than those of heading 56.08).

To be classified in heading 5608, the hammock must be made up of net fabric. Knotted net fabrics of twine, cordage or rope are classified in heading 5608. Heading 5804, provides for tulles and other net fabrics, not including woven, knitted or crocheted fabrics. The Explanatory Notes for heading 5804 discuss various types of net fabrics. Heading 5804 excludes nets or netting of heading 5608 (knotted netting of twine, cordage or rope).

On initial inspection it may appear that the hammock is of net fabric, however, it fails to meet the description of net fabrics in heading 5804. The Explanatory Notes for heading 5804 describes net fabrics as follows:

Net fabrics have three series of threads: parallel warp threads, mesh threads and binding threads (e.g., filet net). Each mesh thread runs alternately alongside different warps forming square meshes as it passes from one to the other. The binding threads hold the fabric together by binding the mesh threads to the warp threads in certain places (see Figure 4).

The hammock's fabric does not have three series of threads. Instead, it appears to only have warp threads that are intertwined in a type of braid. Additionally, net fabrics are generally constructed by knotting, twisting or fusing yarns together at each point of intersection. See, Debbie Ann Gioello, Understanding Fabrics: From Fiber to Finished Cloth (1982); B. Corbman, Textiles: Fiber to Fabric (5th ed. 1975). This type of construction lends a stability to the fabric that the hammock's fabric lacks.

Since the hammock's fabric fails to qualify as net fabric, the hammock cannot be classified in heading 5608. Classification in heading 6306 has been suggested as an alternative because the article at issue is a hammock and hammocks are among the items mentioned in the Explanatory Notes for inclusion within the heading.

Customs does not believe that this hammock is classifiable in heading 6306 as camping equipment. It is rather large and bulky and not typical of hammocks used for camping.

There are two other headings which should be considered within which the hammock may be classified. Heading 5609 provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included (bold added). Heading 6307 provides for other made up articles, including dress patterns.

General Rule of Interpretation (GRI) 3(a) provides that when an article is, prima facie, classifiable under more than one heading, it should be classified under the heading which provides the most specific description, unless the competing headings refer to part only of the article. Applying GRI 3(a), heading 5609 provides the most specific description of the hammock--it is an article of cordage not elsewhere specified or included.

HOLDING:

The hammock at issue is classified in subheading 5609.00.1000, HTSUSA, as an article of cordage not elsewhere specified or included, of cotton. The applicable rate of duty is 5.8 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, 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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