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NY N015140




August 24, 2007

CLA-2-56:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.11.0090

Brian D. Stacy
Affiliated Customs Brokers USA, Inc.
P.O. Box 885
155 12th St., Suite 102
Blaine, WA 98231

RE: The tariff classification of crab traps from China

Dear Mr. Stacy:

In your letter dated July 23, 2007, on behalf of Flex Fold Traps of Victoria, B.C., Canada, you requested a tariff classification ruling.

You submitted a sample of a collapsible crab trap. No style number is indicated on the trap itself or in the letter. It is composed of knotted netting of black nylon cords. The knotted netting is attached to a frame consisting of two flexible stainless steel rings, each 30” in diameter. It has three stainless steel gates that hold the rings approximately 14” apart. It includes a separate three-rope bridle with stainless steel fittings. The trap collapses and folds into a circle that fits into a carrying case approximately 19” in diameter. The trap is considered a made up fishing net for tariff purposes.

The applicable tariff provision for the crab trap with the bridle and carrying case will be 5608.11.0090, HTSUS, 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 general rate of duty will be 8% ad valorem.

In your letter you suggest that the proper classification for this item is in subheading 7326.90.8587, HTSUS, which provides for other articles of iron or steel, other. You base this on General Rule of Interpretation (GRI) 2, HTSUS, which governs the classification of composite goods. However, the GRI’s are to be applied in order and GRI 1 provides that the classification of goods shall first be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. Since crab traps are considered made up fishing nets, they are classified in heading 5608, where they are specifically enumerated.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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