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HQ 950788


March 24, 1992

CLA-2 CO:R:C:T 950788 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.19.2090

Norman Katz, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, New York 10016

RE: Reconsideration of NYRL 868586 of November 14, 1991; Classification of a polyethylene mesh bag

Dear Mr. Katz:

This ruling is in response to your request of November 22, 1991, on behalf of your client Nelson/Weather-Rite, Inc., regarding reconsideration of NYRL 868586. That ruling dealt with the classification of a polyethylene mesh bag. Our decision on the matter follows.

FACTS:

The article at issue, model #864, is a mesh bag made of three-strand twisted 100 percent polyethylene cord which has been knotted into an open-work net material. The bag measures approximately 24 by 16 inches and has a drawstring top with a plastic cord lock.

The mesh bag is designed as a utilitarian bag to be used for various functions during camping and is marketed and sold by the importer as part of its miscellaneous camping supplies.

The article will be imported from Taiwan and China through the ports of New York, Kansas City and various ports on the West Coast.

ISSUE:

Was the mesh bag at issue, model #864, correctly classified as a made up net of textile materials of heading 5608, HTSUSA, or is it classifiable as an other made up article of heading 6307, HTSUSA, as suggested by the importer?

LAW AND ANALYSIS:

Classification of goods 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, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

The competing headings at issue herein are heading 5608, HTSUSA, which provides for, inter alia, made up fishing nets and other made up nets of textile materials, and heading 6307, HTSUSA, which provides for other made up articles of textile.

In your submission, you contend the mesh bag is classifiable as an other made up article of heading 6307, HTSUSA. This is based on your reading of the Explanatory Notes for heading 5608. The Explanatory Notes are the official interpretation of the HTSUS at the international level.

The Explanatory Notes for heading 5608 gives examples of net articles included within the scope of the heading. These examples include "net shopping bags and similar carrying nets." You have argued that the subject mesh bag is not a net shopping bag or a similar carrying net and therefore does not fit within the exemplars of heading 5608. Customs disagrees.

Various exemplars are named in the Explanatory Notes for heading 5608. They are not meant to be limiting, but are simply examples. The paragraph of the Explanatory Notes you refer to begins with the following statement: "Made up nets of this heading are restricted to those nets not covered more specifically by other headings of the Nomenclature." [underline added].

Heading 5608, HTSUSA, provides for made up nets of textiles materials; heading 6307, HTSUSA, provides for other made up articles of textile. The mesh bag at issue is a made up net of textile material. Following GRI 3(a) which provides that the heading with the most specific description is preferred to a heading of a more general description, the mesh bag is clearly more specifically described in heading 5608, HTSUSA.

As to the previously issued Customs rulings which you cite in your submission as precedents for classifying the subject mesh bag in heading 6307, HTSUSA, those rulings are easily distinguished because none of them involved articles of net or knotted construction. NYRL 822974 involved a bag of woven cotton; NYRL 823309 of cotton terry fabric; NYRL 825538 of knitted nylon fabric; and HRL 086852 of cotton flannel.

NYRL 868586 is consistent with previous rulings issued by Customs classifying articles of net or knotted construction in heading 5608, HTSUSA. Previous rulings classifying such articles in heading 5608, HTSUSA, include knotted net soccer ball carrying bags (NYRLs 869180 and 854090), knotted net bait bags (NYRLs 858201 and 864413, HRLs 086275, 086342 and 086525) and a knotted net dunk bag (NYRL 865486).

HOLDING:

The knotted net mesh bag at issue was properly classified in NYRL 868586 in subheading 5608.19.2090, HTSUSA. Articles classified in that subheading fall within textile category 229 and are dutiable at 10 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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, to obtain the most current information available, we suggest 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 updated weekly and is available for inspection at your local Customs office.

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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