CO:R:C:G 086531 HP
Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, MO 64108
RE: HRL 083972 modified. Net bag for strollers.
Dear Mr. O'Neill:
This is in reference to HRL 083972 of January 8, 1990.
Please reference your client Polo Plastics.
In HRL 083972, we classified a net bag for strollers,
stating:
Heading 5608, HTSUSA, provides for, inter alia, made up
nets, of any construction, of textile materials, not
produced by crochet work. Explanatory Note 56.08
states, in pertinent part:
* * *
(2) * * * The heading includes . . . net shopping bags
and similar carrying nets (e.g., for tennis balls or
footballs)....
The instant merchandise would appear to meet the
criteria of heading 5608, HTSUSA. It is of a material
which has a stable open mesh, and has been made direct-
ly to shape. Although the bag's construction by means
of a warp knitted fabric would exclude the fabric from
classification as a "net fabric" under heading 58.04,
HTSUSA, heading 56.08 only excludes work produced by
crochet work. Explanatory Note 56.08(a). Therefore,
the net portion of the merchandise at issue is classi-
fiable under heading 5608, HTSUSA, as a made up net.
This analysis was incorrect. In HRL 086013 of February 2,
1990, we noted that where the construction of an article fails to
meet the description of net fabrics under heading 5804, the
article cannot be classified in heading 5608.
Pursuant to 19 C.F.R. 177.9(d)(1), HRL 083972 is modified
in conformity with the foregoing.
Sincerely,
John Durant, Director
Commercial Rulings Division