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HQ 950854


January 7, 1992

CLA-2 CO:R:C:T 950854 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.19.2090

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

RE: Net bag of textile materials; knotted; EN 56.08; NYRL 868586 affirmed.

Dear Mr. Katz:

This is in reply to your letter dated November 22, 1991, on behalf of your client, Nelson/Weather-Rite, Inc., in which you requested reconsideration of New York Ruling Letter (NYRL) 868586 of November 14, 1991.

FACTS:

NYRL 868586 concerned the classification of a bag made from three-strand twisted polyethylene cord which was knotted into an open-work net material. The bag measured approximately 24 inches by 16 inches and had a drawstring top with a plastic cord lock. The net bag was classified in subheading 5608.19.2090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

ISSUE:

The issue presented is whether the merchandise in question is classifiable as a made up net of textile material.

LAW AND ANALYSIS:

Heading 5608, HTSUSA, provides for knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile material. The Explanatory Notes, while not legally binding, constitute the official interpretation of the Harmonized System at the international level. Explanatory Note (EN) 56.08 (2), 781, states:

[M]ade up articles of this group may be made of yarn and the open mesh may be obtained by knotting or otherwise.

...

Made up nets of [heading 5608] 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 or air-ship nets, etc.

Only netting in the piece made by crochet work (heading 6002), hair nets (heading 6505) and certain nets of Chapter 95, e.g., goal nets, fish landing nets and butterfly nets, are therefore specifically excluded by EN 56.08.

You have cited several rulings which you contend supports your client's position; however, we do not find these rulings persuasive, nor do we agree with your contention that heading 5608 is limited to net shopping bags and similar carrying nets. Moreover, where Customs has excluded mesh nets from heading 5608 (other than those specifically excluded by EN 56.08) it has been on the basis of construction rather than the type of net. The sample article is a general purpose net bag made from knotted textile material. It is not specifically excluded by EN 56.08; accordingly, it is Customs' view that the instant mesh bag is classifiable in heading 5608.

HOLDING:

Pursuant to the foregoing, NYRL 868586 dated November 14, 1991, is affirmed.

The merchandise in question is classifiable in subheading 5608.19.2090, HTSUSA, under the provision for knotted netting of twine...and other made up nets of textile materials; other; other; other. It is dutiable at the rate of 10 percent ad valorem and is subject to textile category 229.

The designated textile and apparel category may be subdivided into parts. If so, 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 that 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 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,


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