HQ 086412: Revocation of NYRL 836151--classification of a nylon net hammock chair

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 086412

                                February 6, 1990


      CLA-2 CO:R:C:G  086412  CMR

      CATEGORY: Classification

      TARIFF NO.: 5609.00.3000

      Ms. Susan Dibble
      Unique Simplicities, Inc.
      Box 1185
      New Paltz, New York  12561

      RE: Revocation of NYRL 836151--classification of a nylon net hammock
          chair

      Dear Ms. Dibble:

           On February 9, 1989, NYRL 836151 was issued to you classifying a
      nylon net hammock chair as a made up net in subheading 5608.19.2000,
      HTSUSA.  Since the issuance of that ruling we have reconsidered the
      articles included in heading 5608 as made up nets.

      FACTS:

           The hammock chair which was the subject of NYRL 836151 was made
      from three-ply twisted cords to form a fabric with the appearance of
      untwisted net.  The twisted cords form an unstable mesh.

      ISSUE:

           Was the hammock chair properly classified in heading 5608 as a
      made up net, or should it be classified in heading 5609 as an article
      of twine, cordage, rope or cables, not elsewhere specified or
      included?

      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 heading 5608 (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.


           To be classified in heading 5608, the hammock chair 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).

           On initial inspection it may appear that the hammock chair 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















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           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 National Import Specialist in New York has informed this
      office that the hammock chair's fabric is identical to the fabric of
      a hammock classified in HRL 086013 of February 2, 1990.  This means
      the fabric does not have three series of threads.  Instead, it
      only has warp threads that are intertwined in a type of braid.  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 chair's
      fabric lacks.

           Since the hammock chair's fabric fails to qualify as net fabric,
      the hammock chair cannot be classified in heading 5608.

           There are two other headings which should be considered within
      which the hammock chair 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 chair--it is an article of
      cordage not elsewhere specified or included.

      HOLDING:

           The hammock chair is classified in subheading 5609.00.3000,
      HTSUSA, as an article of cordage not elsewhere specified or included,
      of man-made fibers.  The applicable rate of duty is 9 percent ad
      valorem.

           Pursuant to 19 CFR 177.9(d), NYRL 836151 of February 9, 1989, is
      hereby revoked.  This ruling will not be applied retroactively to
      NYRL 836151 and will not, therefore, affect previous importations of
      your merchandise under that ruling.  However, for the purposes of
      future transactions in merchandise of this type, NYRL 836151 will not
      be valid precedent.  We recognize that pending transactions may be














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      adversely affected by this revocation, in that current contracts for
      importations arriving at a port subsequent to the release of HRL
      086412 will be classified under the new ruling.  If such a situation
      arises, you may, at your discretion, notify this office and apply for
      relief from the binding effects of the new ruling as may be dictated
      by the circumstances.

           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










































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins