HQ 084254: Tariff classification of a #150 pet pouch

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084254

                                    July 12, 1979

          CLA-2 CO:R:C:G: 084254 jlj 839187

          CATEGORY: Classification

          TARIFF: NO.: 6307.90.9050

          Mr. William F. Martin
          Pansy Ellen Products, Inc.
          1245 Old Alpharetta Road
          Alpharetta, Georgia  30201

          RE:   Tariff classification of a #150 pet pouch

          Dear Mr. Martin:

                You requested a tariff ruling for a #150 pet pouch
          manufactured in China.  You submitted a sample of this item to
          our New York office, but the sample was not received in this
          office.

          FACTS:

                The merchandise at issue is called a #150 pet pouch.  The
          pouch is shaped like a trapezoid.  It is made of raschel knit
          with woven textile material sewn around the edges.  The raschel
          knit is made of 100 percent polyester, while the woven textile
          binding is 65 percent polyester and 35 percent rayon.  Attached
          to each corner is a plastic ring.  The item also includes four
          screw anchors, one plastic key used for pushing the anchors open
          and four metal screw hooks.  The item is used as a toy storage
          net.

          ISSUE:

                Is the instant pet pouch classified as an article of net in
          Heading 5608 or as a knit fabric item in Heading 6307?

          LAW AND ANALYSIS:

                The article at issue cannot be considered to be a net under
          the Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  The pet pouch is made of a knit fabric which is
          constructed on a raschel knit machine.  This raschel knit fabric

















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          does not fit the definition of a net fabric provided in Heading
          5804, HTSUSA, which covers net fabric.  Therefore, the instant
          pet pouch cannot be classified as a made up net article under
          Heading 5608, HTSUSA, nor as a net fabric under Heading 5804,
          HTSUSA.  Heading 5804, HTSUSA, also specifically excludes knitted
          fabrics.

                Heading 6307, HTSUSA, provides for other made up articles.
          The Explanatory Notes for Heading 6307, HTSUSA, state that this
          heading covers made up articles of any textile material which are
          not covered in other headings.  The merchandise at issue is not
          included in any other heading.

          HOLDING:

                The instant pet pouch is classified under the provision for
          other made up articles, including dress patterns: other: other:
          other, in subheading 6307.90.9050, HTSUSA, dutiable at the rate
          of 7 percent ad valorem.

                                  Sincerely,



                                  John Durant, Director
                                  Commercial Rulings Division


































          tjlib/peh
          6 cc: Area Dir., N.Y. Seaport (NIS-345)