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NY B85106




May 14, 1997

CLA-2-63:RR:NC:TA:352 B85106

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms. Maureen P. Stockwell
Scarbrough International
10841 Ambassador Dr
Kansas City, MO 64153

RE: The tariff classification of "Batting Cage Nets" and "Fully Assembled Tunnel-Type Nets" from Korea.

Dear Ms. Stockwell:

In your letter dated April 29, 1997, on behalf of Master Pitching Machine, Kansas City, Missouri, you requested a tariff classification ruling. The sample is being returned as requested.

The submitted swatch is a sample of the material used for the manufacture of "Batting Cage Nets" and "Fully Assembled Tunnel-Type Nets". The nets are used on the batting cages to keep hit baseballs confined to a limited area. The swatch is made of a stable open-work knit fabric that has a net appearance. The articles are fitted with polypropylene ropes.

You suggest that the piece nets and assembled tunnel-type nets for baseball batting cages are classifiable in heading 9506 of the HTSUSA. This heading provides for, inter alia, articles and equipment for athletics, other sports or outdoor games.

The "articles and equipment" of heading 9506, HTSUSA, are generally considered to be the gear used by the player during the playing of athletics or a particular sport, or the apparatus needed in connection with the play of the sport, for example, a tennis divider net or a hockey goal cage.

In Nichimen Co., Inc. v. United States, 72 Cust. Ct. 130, C.D. 4514 (1974), the United States Customs Court ruled that netting designed for installation at specific golf driving ranges to keep balls from leaving the area of play was not golf or sports equipment despite being specially designed for use in the game of golf because it was not "designed for the use of the player during the course of play" and was unessential to the playing of the game. Although the nets were specially cut to fit specific golf ranges and had no alternative uses, their "use in such location is not primarily to aid the players in the conduct of the sport of golf, and it is, therefore, not golf equipment". Batting cage netting has the same relationship to the player or to the play or practice of the game that the netting in Nichimen had. Consequently, we do not consider the netting to be baseball equipment or any other equipment within the scope of heading 9506, HTSUSA.

The applicable subheading for the "Batting Cage Nets" will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other. The rate of duty will be 7 percent ad valorem.

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 Alan Tytelman at 212-466-5896.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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