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HQ 961983




November 6, 1998

CLA-2 RR:CR:TE 961983 PR

CATEGORY: CLASSIFICATION

TARIFF NO: 5608.19.2090

Ms. Pamela Pinter
Big Apple Customs Brokers, Inc.
151-02 132nd Avenue
Jamaica, NY 11434

RE: Reconsideration of NY C86007; concerning the tariff classification of a net ball bag.

Dear Ms. Pinter:

This is in reference to New York Ruling Letter (NY) C86007, which was issued by the Director, National Commodity Specialist Division, New York, New York, on April 15, 1998. The ruling classified a net ball bag under subheading 5609.00.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of man-made fiber yarn, twine, cordage, rope or cables, not elsewhere specified or included. We have reviewed NY C86007 and have determined that the ruling is incorrect. Our decision on the matter follows.

FACTS:

The article in issue is a knotted net bag of man-made fibers that is shaped to hold a volley ball, or a ball of similar size. A length of man-made fiber cord is threaded through the top of the net and then through a small spring operated plastic holder. The holder is used to adjust the cord when worn around a person's waist.

The provisions which merit consideration are highlighted below:

5608 Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials:
Of man-made textile materials:
5608.11.00 Made up fishing nets............... 5608.19 Other:
5608.19.10 Fish netting....................... 5608.19.20 Other:............................. 5608.19.2090 Other.........................

5609.00 Articles of yarn . . . twine cordage, rope or cables, not elsewhere specified or included: 5609.00.3000 Of man-made fibers......................

ISSUE:

The issue presented is whether the net ball bag is classifiable as an article of yarn or cordage, in subheading 5609.00.3000, HTSUSA, or as a made up net, in subheading 5608.19.2090, HTSUSA.

Law and Analysis:

The General Rules of Interpretation (GRIs), taken in their appropriate order, provide a framework for classification of merchandise under the HTSUSA. GRI 1 states that "classification shall be determined according to the terms of the headings and any relative section or chapter notes." In this case, heading 5608 provides for made up nets of textile materials, while heading 5609 provides for articles of yarn, twine, cordage, rope or cables not elsewhere specified or included.

Section XI, note 7, HTSUSA, states, in pertinent part:

7. For the purposes of this section, the expression "made up" means:

(a) Cut otherwise than into squares or rectangles;

(e) Assembled by sewing, gumming or otherwise.

Pursuant to note 7, the net ball bag is "made up" for the purposes of the tariff schedule. Therefore, heading 5608 specifically describes the net ball bag and heading 5609, by its very wording, is not applicable.

The Explanatory Notes to the Harmonized Commodity Description and Coding System (ENs), which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and the GRIs. The EN to 5608 support classification of the ball bags under heading 5608, HTSUSA, by indicating in subsection 2 that "made up nets are nets, whether or not ready for use, made directly to shape or assembled from pieces of netting." The subsection continues by stating that the presence of handles, rings, weights, floats, cords or other accessories does not affect the classification of goods of this group and that the heading includes "net shopping bags and similar carrying nets (e.g., for tennis balls or footballs)."

Holding:

NY C86007 is hereby revoked. The net ball bag is properly classified under heading 5608.19.2090, HTSUSA, which provides for other "made up fishing nets and other made up nets, of textile materials." The applicable rate of duty is 8 percent ad valorem and the textile category is 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 issuance of the U.S. Customs Service, which is updated weekly and is available 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,

John Durant, Director
Commercial Rulings Division

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