HQ 083196: Classification of net laundry bag

us-cbp-cross-rulings-hq-083196HQ 083196: Classification of net laundry bagGuidance

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 083196

                                   March 27, 1990




          CLA-2:CO:R:C:G  083196 DRR

          CATEGORY:  Classification

          TARIFF NO.:  6307.90.9050

          Mr. Steve W. Rose
          Nafatech, Inc.
          The Colesville Professional Center
          13321 New Hampshire Ave. Suite D
          Silver Spring, Maryland 20904

          Re:  Classification of net laundry bag

          Dear Mr. Rose:

                This is in reference to your letter dated October 11, 1988,
          requesting the classification of a net laundry (laundernette) bag
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).

          FACTS:

                The merchandise at issue is a net laundry bag designed to
          hold small articles of clothing together when placed in a washing
          machine.  The article is constructed of polyester net and is
          available in three sizes.  The net laundry bags will be imported
          from England.

          ISSUE:

                Whether the net laundry 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

















                                        - 2 -

          terms of the headings and any relative section or chapter notes.
          Heading 5608, HTSUSA, provides for made up nets.  Heading 6307,
          HTSUSA, provides for other made up articles.  Heading 4202,
          HTSUSA, provides for, among other things, suitcases, trunks, and
          various types of bags.

                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 also
          state that this subheading includes net shopping bags and similar
          carrying nets.  However, the raschel knit fabric of which the
          laundernette 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 laundry or lingerie bags, the items
          enumerated in that heading are generally articles used for the
          protection, storage or transportation of other belongings.  The
          laundernette bag, which is intended for use in a washing machine,
          does not appear to belong in this heading.  Furthermore, it is
          not designed to transport clothing 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 to carry
          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
          laundernette bag is classifiable under the provisions of Heading
          6307.

          HOLDING:

                The laundernette 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, the importer 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
          rimmr library/peh
          083196























































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