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