HQ 083020: Classification of laundry net bag

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 083020

                                   March 27, 1990




          CLA-2:CO:R:C:G  083020 DRR

          CATEGORY:  Classification

          TARIFF NO.:  6307.90.9050

          Mr. Jack Golla
          Action Industries, Inc.
          Allegeny Industrial Park
          Cheswick, Pennsylvania 15024

          Re:  Classification of laundry net bag

          Dear Mr. Golla:

                This is in reference to your letter dated May 2, 1988,
          requesting the classification of a net laundry bag under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).

          FACTS:

                The merchandise at issue is a laundry bag designed for use
          in a washing machine, your item number 7512.  The bag is
          constructed of nylon net with a drawstring closure at one end.
          The bags will be imported from Hong Kong.

          ISSUE:

                Whether the bag at issue is classifiable under Heading
          5608, HTSUSA, Heading 6307, HTSUSA, or Heading 4202, HTSUSA.

          LAW AND ANALYSIS:

                Classification of merchandise is in accordance with the
          General Rules of Interpretation (GRI), taken in order.  GRI 1
          provides that classification shall be determined according to the
          terms of the headings and any relative section or chapter notes.
          Heading 5608, HTSUSA, provides for made up nets.  Heading 4202,
          HTSUSA, provides for, among other things, suitcases, trunks, and
          various types of bags.  Heading 6307, HTSUSA, provides for other
          made up articles.















                                        - 2 -


                The Explanatory Notes to the HTSUSA may be consulted for
          guidance as to the correct interpretation of the various HTSUSA
          provisions.  The Explanatory Notes for heading 5608 state that
          "made up fishing nets and other made up nets, of textile
          materials... may be made of yarn and the open mesh may be
          obtained by knotting or otherwise."  The Explanatory Notes for
          that heading also state that this subheading includes net
          shopping bags and similar carrying nets.  However, the raschel
          knit fabric of which the bag at issue is constructed is a knit
          fabric and not considered net fabric for purposes of the HTSUSA.

                In order for an article to be classified in Heading 5608 as
          other made up nets it must be made of a net fabric classifiable
          in heading 5804.  In light of the fact that the terms of Heading
          5804 exclude knit fabrics, the knit bag at issue cannot be
          classified in Heading 5608.

                Although the Explanatory Notes for Heading 4202 do not
          specifically exclude lingerie bags, the items enumerated in that
          heading are generally items used for the storage, protection, or
          transportation of other belongings.  The lingerie bag at issue,
          which is intended for use in a washing machine, does not appear
          to belong in this heading.  Furthermore, the bag at issue is not
          designed for travel and would therefore not be within the purview
          of Additional U.S. note 1 to Chapter 42, which states that
          Heading 4202 includes articles designed for carrying clothing and
          other personal effects during travel.

                With regard to the remaining provision under consideration,
          Heading 6307, the Explanatory Notes state that this heading
          covers made up articles of any textile material which are not
          included more specifically elsewhere.  Accordingly, the laundry
          bag at issue is classifiable under the provisions of Heading
          6307.

          HOLDING:

                The bag at issue is classifiable under subheading
          6307.90.9050, HTSUSA, as other made up articles, other, other,
          with a duty rate of 7 percent ad valorem.  There is currently no
          textile category for this subheading.




















                                        - 3 -

                Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicable to textile
          merchandise, you should contact the 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 A.D, N.Y. Seaport
          rimmer library/peh
          083020