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HQ 950732


April 13, 1994

CLA-2 CO:R:C:T 950732 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.11.0090

David Kuang
Daybreak International, Inc.
1980 Olivera Road
Suite C
Concord, CA 94520

RE: Classification of a crab net; classifiable in Heading 5608; HRL 950561

Dear Mr. Kuang:

This letter is in response to your request for the tariff classification of a crab net.

FACTS:

The nets in question consist of two ring crab nets. The top ring measures 30 inches in diameter and the bottom ring measures 12 inches in diameter. The two rings are connected with a polyethylene man-made fiber mesh. You state that the crab nets are in chief value of the two galvanized steel rings and that these nets are used for sport fishing and not commercial use.

ISSUE:

Whether the merchandise at issue is classified in Heading 5608 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) or in Heading 9507, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 5608, HTSUSA, provides for, among other articles, made up fishing nets and other made up nets, of textile materials. The Harmonized Commodity Description and Coding System, Explanatory Notes, constitute the official interpretation of the HTSUSA at the international level. The Explanatory Notes state at page 781 that Heading 5608 covers the following:

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

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....

The heading does not cover:

(c) Sports nets (e.g., goal nets and tennis nets), fish landing nets and other nets of Chapter 95.

Heading 9507, HTSUSA, provides for, among other articles, fish landing nets, butterfly nets and similar nets. The Explanatory Notes to this heading describe these nets, at page 1593, as "usually consist[ing] of pocket-like nets of textile yarn or cord, mounted on a wire support and fixed to a handle."

The Random House Dictionary of the English Language, the Unabridged Edition defines landing net as "a small, bag-shaped net with a handle at the mouth, for scooping a hooked fish out of the water and bringing it to shore or into a boat." The crab net does not have the construction or design of a fish landing net. In addition, in Headquarters Ruling Letter (HRL) 950561, dated March 28, 1994, we classified a crab net as a made up fishing net of Heading 5608. Consequently, the crab net at issue is classifiable in Heading 5608.

HOLDING:

The crab net at issue is classified under subheading 5608.11.0090, HTSUSA, which provides for knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials: of man-made textile materials: made up fishing nets, other. The rate of duty is 17 percent ad valorem, and the textile category is 229.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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.

Sincerely,

John Durant, Director

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