HQ 083021: Classification of lingerie 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 083021

                                   March 21, 1990




          CLA-2:CO:R:C:G  083021 DRR

          CATEGORY:  Classification

          TARIFF NO.:  6307.90.9050

          Mr. Jack Golla
          Action Industries, Inc.
          Allegeny Industrial Park
          Cheswick, Pennsylvania 15024

          Re:  Classification of lingerie bag

          Dear Mr. Golla:

                This is in reference to your letter dated January 26, 1987,
          requesting the classification of a lingerie bag under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).

          FACTS:

                The merchandise at issue is a lingerie bag designed to hold
          small articles of clothing together when placed in a washing
          machine.  The bag is constructed of nylon net with a zipper
          closure at one end.  The bags will be imported from Taiwan.

          ISSUE:

                Whether the 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
          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 suitcases, trucks, and various types of
          bags.















                                        - 2 -

                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... [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.

                Although the Explanatory Notes for Heading 4202 do not
          specifically exclude lingerie bags, the items enumerated in that
          heading appear to be baggage-type items used for the storage
          and/or transportation of other belongings.  The lingerie bag,
          which is intended for use in a washing machine, does not appear
          to belong in this heading.  Furthermore, the bag 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 contain 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 lingerie
          bag is classifiable under the provisions of Heading 6307.

          HOLDING:

                The lingerie 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