CLA-2 CO:R:C:G 086525 JLJ
District Director of Customs
Thomas P. O'Neill, Jr. Federal Building
10 Causeway Street
Boston, Massachusetts 02222-1059
RE: Decision on Application for Further Review of
Protest No. 0401-9-000850/851
Dear Sir:
This protest was filed against your decision in the
liquidation of certain entries covering bait bags imported
from the People's Republic of China. A sample was submitted
along with the protest.
FACTS:
The merchandise at issue consists of a polypropylene bait
bag, approximately 14 inches in length and of knotted net
construction. The bag has an opening at either end which can
be closed by means of a drawstring. The bait bags are placed
in lobster traps to hold bait which attracts lobsters into the
traps.
LAW AND ANALYSIS:
In Customs Headquarters Ruling Letter (HRL) 083272 of
January 10, 1990, we held that bait bags, similar to the
goods in question, were classified in subheading 5608.19.2000,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). This subheading provides for made up fishing nets
and other made up nets, of textile materials: of man-made
textile materials: other: other. The visa category for this
subheading is 229. In HRL 086275 of March 13, 1990 and HRL
086342 of March 14, 1990, we again held that bait bags were
classified in subheading 5608.19.2000, HTSUSA. - 2 -
The protestant claims that the bait bags should be
classified under the provision for fish landing nets, butterfly
nets and similar nets, subheading 9507.90.60, HTSUSA. He
contends that the instant bait bags are not fishing nets but
are in fact categorized as landing nets and were classified in
a similar provision under the Tariff Schedules of the United
States. He also maintains that the bait bags should not
require a visa because they are not made domestically.
The HTSUSA replaced the Tariff Schedules of the United
States (TSUS) as our statutory tariff schedule on January
1, 1989, pursuant to the enactment of the Omnibus Trade and
Competitiveness Act of 1988, section 1204(c), 19 U.S.C.A.
section 3004(c) (West Supp. 1989). Although implementation of
the HTSUSA was intended to be, to the extent practicable, duty
and quota neutral, some changes were unavoidable when
converting from the TSUS to the HTSUSA. It appears that the
instant merchandise is one of those articles in which
implementation of the HTSUSA resulted in a change in the
textile category designation.
The Explanatory Notes for Heading 9507, HTSUSA, state
that:
This heading covers:
* * * *
(2) Fish landing nets, butterfly nets
and similar nets. These usually consist
of pocket-like nets of textile yarn or
cord, mounted on a wire support and fixed
to a handle.
The exemplars are not similar to the instant bait bags,
which are neither mounted on a wire support nor fixed to a
handle. Moreover, it is our experience that landing nets do not
have openings at both ends with drawstrings. Landing nets
usually have larger dimensions and are used to scoop up fish
after they have been hooked. The instant bait bags merely
contain bait which lures lobsters into the traps. - 3 -
The Explanatory Notes for Heading 5608 state as follows:
Made up nets are nets, whether or not
ready for use, made directly to shape or
assembled from pieces of netting....The
heading includes fishing nets,...net
shopping bags and similar carrying nets....
In view of the bait bag's design, construction and use we
find that it is analogous to the netting provided for in
Heading 5608. We hereby reaffirm HRL 083272, HRL 086275 and
HRL 086342.
HOLDING:
The instant bait bags are classified as made up fishing
nets, of textile materials, in subheading 5608.19.2000, HTSUSA.
The protest must be denied in full. A copy of this
decision should be attached to the Form 19 Notice of Action to
be sent to the protestant.
Sincerely,
John Durant, Director