HQ 085521: Classification of a bassinet with mosquito netting and carry 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 085521

                                    June 6, 1990



          CLA-2:CO:R:C:G  085521  SR

          CATEGORY:  Classification

          TARIFF NO.:  9403.20.0010

          Ms. Angela DeGaetano
          Chief, CIE
          U.S. Customs Service
          6 World Trade Center
          New York, New York  10048

          RE:  Classification of a bassinet with mosquito netting and carry
          bag

          Dear Ms. DeGaetano:

               A Customs Form CF 6431, dated February 17, 1989, from the
          Port of Los Angeles, California, concerns entry No. 467-0106798,
          dated February 15, 1989, covering a shipment of bassinets with
          carry bags and mosquito netting manufactured in Taiwan.

          FACTS:

               The import specialists maintain that the merchandise at
          issue is classifiable as a set under subheading 9403.20.0010,
          HTSUSA, which provides for metal household furniture.  The issue
          of concern is whether the mosquito netting and carry bag are
          subject to quota and visa restraints since they are entered under
          a non quota tariff classification.  According to the Customs Form
          CF 6431 that was submitted, the carry bag is classifiable under
          subheading 4202.92.3030, HTSUSA; the mosquito netting is
          classifiable under subheading 5608.90.3000, HTSUSA.  The bassinet
          was entered under subheading 9401.40.0000, HTSUSA, as a seat;
          however, it appears that should be classified under subheading
          9403.20.0010, HTSUSA, as other metal household furniture.
          Without samples or further factual information we cannot
          determine if the classification assigned to the individual
          articles is correct.  



















                                         -2-

          ISSUE:

               Whether the mosquito net and carry bag are subject to quota
          and visa requirements.

          LAW AND ANALYSIS:

               All textiles and textile products that are a part of a set
          under GRI 3(b) are subject to all applicable visa and quota
          requirements.  This applies to all items that would be required
          to have a visa or be subject to quota if they were imported
          separately.  This rule is stated in the Federal Register, Vol.
          53, No. 250, Thursday, December 29, 1988, pp. 52765-6.

          HOLDING:

               The bassinet, mosquito net and carry bag are classifiable as
          a set under GRI 3(b).  It appears that the proper classification
          is under subheading 9403.20.0010, HTSUSA, which provides for
          household furniture.  Regardless of the classification of the
          set, any textile articles that would be subject to quota if
          imported separately, are subject to the same quota if imported as
          part of a set.  The carry bag, which would be classifiable under
          subheading 4202.92.3030, HTSUSA, is in textile category 670.  The
          mosquito netting, classifiable under 5608.90.3000, HTSUSA, is not
          subject to quota or visa requirements.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division






























          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference