HQ 086013: Classification of Yucatan Hammocks from Mexico

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 086013

                                February 2, 1990


      CLA-2 CO:R:C:G  086013  CMR

      CATEGORY: Classification

      TARIFF NO.: 5609.00.1000

      Ms. Kelli Brown
      MI CASA
      149 Main Street
      Burlington, Vermont  05401

      RE: Classification of Yucatan Hammocks from Mexico

      Dear Ms. Brown:

           This ruling is in response to your letter of October 3, 1989,
      requesting a binding classification ruling on Yucatan Hammocks from
      Mexico.

      FACTS:

           A sample hammock has been submitted for review.  The body of the
      hammock is made of 100 percent cotton cords; the supporting cords at
      each end are made of 100 percent nylon.  The hammocks are handmade in
      Mexico by twisting and intertwining the cords.  The twisted cords
      form an unstable open mesh.  The cords are not anchored; they slip
      around easily.

      ISSUE:

           Is the hammock at issue classifiable under heading 5608, HTSUSA,
      which provides for, among other items, made up fishing nets and other
      made up nets, of textile materials; or under heading 6306, HTSUSA,
      which provides for, among other items, camping goods; or elsewhere in
      the HTSUSA?

      LAW AND ANALYSIS:

           Classification of products under the HTSUSA is governed by the
      General Rules of Interpretation (GRIs).  GRI 1 provides that
      classification shall be determined according to the terms of the













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      headings and any relative section or chapter notes, and provided such
      headings or notes do not otherwise require, according to [the
      remaining GRIs taken in order].

           The Explanatory Notes, which are the official interpretation of
      the HTSUS at the international level, provide the following guidance
      in regard to headings 5608 and 6306, respectively (in pertinent
      part):

      Heading 5608

           Made up fishing nets and other made up nets, of textile
           materials.

           *  *  *, made up articles of this group may be made of yarn and
            the open mesh may be obtained by knotting or otherwise.

             Made up nets are nets, whether or not ready for use, made
           directly to shape or assembled from pieces of netting.  The
           presence of handles, rings, weights, floats, cords or other
           accessories does not affect the classification of the goods of
           this group.

             Made up nets of this heading are restricted to those nets not
           covered more specifically by other headings of the Nomenclature.
           The heading includes fishing nets, camouflage nets, theatrical
           scenery nets, safety nets, net shopping bags, and similar
           carrying nets (e.g. for tennis balls or footballs), hammocks,
           balloon or air-ship nets, etc.

      Heading 6306

           Tarpaulins, * * *, tents and camping goods

           Camping goods.  This group includes canvas buckets, water bags,
           wash basins; ground-sheets; pneumatic mattresses, pillows and
           cushions (other than those of heading 40.16); hammocks (other
           than those of heading 56.08).

           To be classified in heading 5608, the hammock must be made up of
      net fabric.  Knotted net fabrics of twine, cordage or rope are
      classified in heading 5608.  Heading 5804, provides for tulles and
      other net fabrics, not including woven, knitted or crocheted fabrics.
      The Explanatory Notes for heading 5804 discuss various types of net
      fabrics.  Heading 5804 excludes nets or netting of heading 5608
      (knotted netting of twine, cordage or rope).  















                                       -3-


           On initial inspection it may appear that the hammock is of net
      fabric, however, it fails to meet the description of net fabrics in
      heading 5804.  The Explanatory Notes for heading 5804 describes net
      fabrics as follows:

           Net fabrics have three series of threads: parallel warp threads,
           mesh threads and binding threads (e.g., filet net).  Each mesh
           thread runs alternately alongside different warps forming square
           meshes as it passes from one to the other.  The binding threads
           hold the fabric together by binding the mesh threads to the warp
           threads in certain places (see Figure 4).

           The hammock's fabric does not have three series of threads.
      Instead, it appears to only have warp threads that are intertwined in
      a type of braid.  Additionally, net fabrics are generally constructed
      by knotting, twisting or fusing yarns together at each point of
      intersection.  See, Debbie Ann Gioello, Understanding Fabrics: From
      Fiber to Finished Cloth (1982); B. Corbman, Textiles: Fiber to Fabric
      (5th ed. 1975).  This type of construction lends a stability to the
      fabric that the hammock's fabric lacks.

           Since the hammock's fabric fails to qualify as net fabric, the
      hammock cannot be classified in heading 5608.  Classification in
      heading 6306 has been suggested as an alternative because the article
      at issue is a hammock and hammocks are among the items mentioned in
      the Explanatory Notes for inclusion within the heading.

           Customs does not believe that this hammock is classifiable in
      heading 6306 as camping equipment.  It is rather large and bulky and
      not typical of hammocks used for camping.

           There are two other headings which should be considered within
      which the hammock may be classified.  Heading 5609 provides for
      articles of yarn, strip or the like of heading 5404 or 5405, twine,
      cordage, rope or cables, not elsewhere specified or included (bold
      added).  Heading 6307 provides for other made up articles, including
      dress patterns.

           General Rule of Interpretation (GRI) 3(a) provides that when an
      article is, prima facie, classifiable under more than one heading, it
      should be classified under the heading which provides the most
      specific description, unless the competing headings refer to part
      only of the article.  Applying GRI 3(a), heading 5609 provides the
      most specific description of the hammock--it is an article of cordage
      not elsewhere specified or included.
















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      HOLDING:

           The hammock at issue is classified in subheading 5609.00.1000,
      HTSUSA, as an article of cordage not elsewhere specified or included,
      of cotton.  The applicable rate of duty is 5.8 percent ad valorem.

           Due to the changeable nature of the statistical annotation (the
      ninth and tenth digits of the classification) and the restraint
      (quota/visa) categories, you should contact your 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: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins