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NY 867195


October 9, 1991

CLA-2-56:S:N:N3H:351 867195

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.19.2090, 5608.90.2700, 6002.42.0000, 6002.43.0010

Mr. Frank Benson, President
Bensons' Import Corp.
220 East Pacific Coast Highway
Long Beach, California 90806

RE: The tariff classification of new decorative fishnetting from China, and used decorative fishnetting of unknown origin.

Dear Mr. Benson:

In your letter dated August 29, 1991, you requested a classification ruling. You have submitted five samples, which we will refer to as samples A, B, C, D and E.

Samples A and B are labelled as "new netting;" you indicate that they are made of nylon in Mainland China and will be imported in 6 foot by 15 foot sizes. Both of the "new" samples are small representative swatches made of cordage which has been knotted into a net configuration, sample A having approximately a 2" mesh size and sample B having a 1" size.

Samples C, D and E, also representative swatches, are labeled "used fish netting." You indicate that these will be cut from scraps of nets that were used for commercial fishing, and that due to age, their original country of origin is unknown. You indicate that they will be made of nylon, polyethylene or cotton and cut to 4 foot by 9 foot sizes.

Sample C is made of cordage which has been knotted into a net configuration, having approximately a 3" mesh size.

Sample D is made of cordage which has been knotted into a net configuration with a 1" mesh size, but is composed of two different pieces of netting stitched together, with a length of thicker, knotted cordage attached at one end of the swatch.

Sample E has a mesh size of approximately 1", but appears to have been knitted on a raschel knitting machine from yarns, rather than knotted with cordage. This sample has a length of cordage intertwined along one edge of the swatch.

The applicable subheading for samples A and B will be 5608.19.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for knotted netting of twine, cordage or rope; of man-made textile materials; other; other; other. The duty rate will be 10%. Items classified under 5608.19.2090 HTS fall within textile category designation 229. Based upon international textile trade agreements, products of China are subject to the requirement of a visa.

For items C, D and E, for which the country of origin is unknown, we are unable to provide you with the rate of duty or inform you of other restrictions that might apply, because rates of duty and other restrictions (such as import quotas, visas, countervailing duties and antidumping duties) will vary depending on the country of origin. We can, however, provide the applicable HTS subheading numbers, as follows.

The applicable subheading for samples C and D, if made of man-made fibers, will be 5608.19.2090, HTS, which provides for knotted netting of twine, cordage or rope; of man-made textile materials; other; other; other.

The applicable subheading for samples C and D, if made of cotton, will be 5608.90.2700, HTS, which provides for knotted netting of twine, cordage or rope; other; of cotton; other.

The applicable subheading for sample E, if made of cotton, will be 6002.42.0000, HTS, which provides for other knitted or crocheted fabrics; other fabrics, warp knit; of cotton.

The applicable subheading for sample E, if made of man-made fibers, will be 6002.43.0010, HTS, which provides for other knitted or crocheted fabrics; other fabrics, warp knit; of man- made fibers; open-work fabrics.

The designated textile and apparel categories 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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