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NY 874653


May 26, 1992

CLA-2-56:S:N:N3H: 351 874653

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.19.2090

Mr. Don Majewski
T.J. Filbin & Associates Inc.
P.O. Box 33456
Detroit, MI 48232-3456

RE: The tariff classification of a knotted nylon cargo net from China or Taiwan.

Dear Mr. Majewski:

In your letter dated May 10, 1992 (received in our office on May 20, 1992), on behalf of Networks, you requested a tariff classification ruling.

You have submitted a small sample of a cargo net and a brochure describing this item, named "LOADTAMER." The cargo nets are used for securing material in trucks, boats or trailers. The sample is of knotted construction with 1 3/4 inch mesh squares made of #30 (1/16 inch diameter) nylon twisted cords. A twisted 3/16 inch diameter three strand nylon rope borders the rectangular-shaped net. The cargo nets will be imported without any of the necessary hardware used to attach them to the vehicle and secure the cargo. The hardware will be provided by domestic sources.

The applicable subheading for the cargo net will be 5608.19.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for knotted netting of twine, cordage or rope, made up fishing net and other made up nets, of textile materials, of man-made textile materials, other, other, other. The rate of duty will be 10 percent ad valorem.

The cargo net falls within textile category designation 229. Based upon international textile trade agreements, products of China or Taiwan are subject to the requirement of a visa and quota restraints.
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.

In your letter, you inquire about marking requirements for the cargo nets. You state that the nets would be sold in bulk and also re-packaged for consumer retail sale. Customs' laws require each imported article produced abroad to be marked with the country of origin in a conspicuous place, as legibly, indelibly and permanently as is possible so that the ultimate purchaser, the purchaser at retail, will know the country of origin. An exception would be for re-packing the merchandise. You may ask your local Customs' office for a marking waiver if the imported merchandise is to be re-packed; the retail box or blister pack must be marked to show either "Made in China" or "Made in Taiwan." If you sell the nets in bulk to the ultimate purchaser, string tag marking on the imported products may be acceptable if it is conspicuous and not obscured when the net is folded or rolled. Please note that the submitted brochure inaccurately indicated that the cargo nets are "Made in the USA." The addition of American-made hardware would not substantially trans- form the nets or change the country of origin.

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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