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NY A81898




April 9, 1996

CLA-2-56:RR:NC:TP:350 A81898

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.11.0090

Mr. O.W. Waters
Waters Shipping Company, Inc.
North Carolina State Docks
P.O. Box 118
Wilmington, N.C. 28402-0118

RE: The tariff classification of a crab net/trap from either Japan or China.

Dear Mr. Waters:

In your letter dated March 14, 1996, on behalf of Blue Ribbon Products, Fuquary-Varina, N.C., you requested a classification ruling.

The instant sample is a crab net/trap consisting of three main trapping sections composed of knotted nylon man-made fiber monofilament netting having a mesh size of approximately 2 inches. These three sections extend out about 2 1/2 feet. The sections of net loop unto themselves, but do not form an enclosure. There is a seamless extruded plastic tubing sleeve which constitutes the bait bag portion of this product. This sleeve portion is orange in color and extends out about 14 inches. A short green loop of textile braid is tied to the bait and net sections. A lead weight is crimped to the unit over this knot. This weight enables the net/trap to sink to the bottom. The intent is for the crab to become entangled in the monofilament netting, which is raised periodically. We equate crabbing with fishing.

The applicable subheading for the crab net/trap will be 5608.11.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for ... made up fishing nets and other made up nets, of man-made textile materials, made up fishing nets, other than hand-cast string-drawn. The duty rate will be 15.2 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of either China or Japan are subject to quota and the requirement of a visa.

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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.

Your sample as requested is being returned herewith.

Sincerely,

Roger J. Silvestri
Director

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