CLA-2-63:RR:NC:TA:352 B85106
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
National Commodity
Specialist Division