CLA-2:CO:R:C:G 083020 DRR
Mr. Jack Golla
Action Industries, Inc.
Allegeny Industrial Park
Cheswick, Pennsylvania 15024
Re: Classification of laundry net bag
Dear Mr. Golla:
This is in reference to your letter dated May 2, 1988,
requesting the classification of a net laundry bag under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue is a laundry bag designed for use
in a washing machine, your item number 7512. The bag is
constructed of nylon net with a drawstring closure at one end.
The bags will be imported from Hong Kong.
ISSUE:
Whether the bag at issue is classifiable under Heading
5608, HTSUSA, Heading 6307, HTSUSA, or Heading 4202, HTSUSA.
LAW AND ANALYSIS:
Classification of merchandise is in accordance with the
General Rules of Interpretation (GRI), 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 made up nets. Heading 4202,
HTSUSA, provides for, among other things, suitcases, trunks, and
various types of bags. Heading 6307, HTSUSA, provides for other
made up articles.
- 2 -
The Explanatory Notes to the HTSUSA may be consulted for
guidance as to the correct interpretation of the various HTSUSA
provisions. The Explanatory Notes for heading 5608 state that
"made up fishing nets and other made up nets, of textile
materials... may be made of yarn and the open mesh may be
obtained by knotting or otherwise." The Explanatory Notes for
that heading also state that this subheading includes net
shopping bags and similar carrying nets. However, the raschel
knit fabric of which the bag at issue is constructed is a knit
fabric and not considered net fabric for purposes of the HTSUSA.
In order for an article to be classified in Heading 5608 as
other made up nets it must be made of a net fabric classifiable
in heading 5804. In light of the fact that the terms of Heading
5804 exclude knit fabrics, the knit bag at issue cannot be
classified in Heading 5608.
Although the Explanatory Notes for Heading 4202 do not
specifically exclude lingerie bags, the items enumerated in that
heading are generally items used for the storage, protection, or
transportation of other belongings. The lingerie bag at issue,
which is intended for use in a washing machine, does not appear
to belong in this heading. Furthermore, the bag at issue is not
designed for travel and would therefore not be within the purview
of Additional U.S. note 1 to Chapter 42, which states that
Heading 4202 includes articles designed for carrying clothing and
other personal effects during travel.
With regard to the remaining provision under consideration,
Heading 6307, the Explanatory Notes state that this heading
covers made up articles of any textile material which are not
included more specifically elsewhere. Accordingly, the laundry
bag at issue is classifiable under the provisions of Heading
6307.
HOLDING:
The bag at issue is classifiable under subheading
6307.90.9050, HTSUSA, as other made up articles, other, other,
with a duty rate of 7 percent ad valorem. There is currently no
textile category for this subheading.
- 3 -
Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchandise, you should contact the 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
6cc A.D, N.Y. Seaport
rimmer library/peh
083020