HQ 086531: HRL 083972 modified. Net bag for strollers.

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 086531

                   March 2, 1990

CO:R:C:G  086531  HP

CATEGORY: Classification

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, MO 64108

RE:  HRL 083972 modified.  Net bag for strollers.

Dear Mr. O'Neill:

         This is in reference to HRL 083972 of January 8, 1990. 
Please reference your client Polo Plastics.

         In HRL 083972, we classified a net bag for strollers,
stating:

                 Heading 5608, HTSUSA, provides for, inter alia, made up
                 nets, of any construction, of textile materials, not
                 produced by crochet work.  Explanatory Note 56.08
                 states, in pertinent part:

                                                    * * *

                 (2)     * * * The heading includes . . . net shopping bags
                 and similar carrying nets (e.g., for tennis balls or
                 footballs)....

                         The instant merchandise would appear to meet the
                 criteria of heading 5608, HTSUSA.  It is of a material
                 which has a stable open mesh, and has been made direct-
                 ly to shape.  Although the bag's construction by means
                 of a warp knitted fabric would exclude the fabric from
                 classification as a "net fabric" under heading 58.04,
                 HTSUSA, heading 56.08 only excludes work produced by
                 crochet work.  Explanatory Note 56.08(a).  Therefore,
                 the net portion of the merchandise at issue is classi-
                 fiable under heading 5608, HTSUSA, as a made up net.

         This analysis was incorrect.  In HRL 086013 of February 2,
1990, we noted that where the construction of an article fails to
meet the description of net fabrics under heading 5804, the
article cannot be classified in heading 5608.

         Pursuant to 19 C.F.R.  177.9(d)(1), HRL 083972 is modified
in conformity with the foregoing.


                               Sincerely,


                               John Durant, Director
                               Commercial Rulings Division