HQ 083023: Classification of stroller 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 083023

                                   March 26, 1990




          CLA-2:CO:R:C:G  083023 DRR  830998

          CATEGORY:  Classification

          TARIFF NO.:  6307.90.9050

          Mr. J. M. Abrahams
          The Phil Patterson Corp.
          Airport Terminal Building  Room 16
          Des Moines, Iowa 50321

          Re:  Classification of stroller bag

          Dear Mr. Abrahams:

                This is in reference to your letter dated April 25, 1988,
          requesting the classification of a stroller bag under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).

          FACTS:

                The merchandise at issue is a bag designed for use on a
          baby stroller or carriage.  The bag is constructed of knit man-
          made net fabric.  It measures approximately 16 inches by 11
          inches with an elasticized opening and a plastic hook at each
          end.  The bag will be imported from South Korea.  The bag was
          previously classified under TSUS item 386.1443.  Your letter
          indicates that you believe that the bag is classifiable as a
          stroller part or accessory.

          ISSUE:

                Whether the bag at issue is classifiable under Heading
          8715, HTSUSA, Heading 5608, HTSUSA, or Heading 6307, 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 8715, HTSUSA, provides for stroller parts.  Heading 5608,
          HTSUSA, provides for other made up nets.  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 at the international level.  The Explanatory Notes for
          heading 8715 state that parts of baby carriages must be
          identifiable as suitable for use solely or principally with the
          carriages of that heading.  A part is defined as an integral
          constituent or component part without which the article to which
          it is joined could not function and which aids the safe and
          efficient operation of the main article.  An accessory, while not
          needed to enable the goods with which they are used to fulfill
          their intended function, must be identifiable solely or
          principally for use with a specific article.  The bag at issue
          does not meet the criteria for either a part or accessory and
          therefore is not classifiable under Heading 8715.

                The Explanatory Notes for Heading 5608 provide for "made up
          fishing nets and other made up nets, of textile materials...
          [which] may be made of yarn and the open mesh may be obtained by
          knotting or otherwise."  The Explanatory Notes 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.

                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
          laundernette bag is classifiable under the provisions of Heading
          6307.

          HOLDING:

                The net bag at issue is classified 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 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