HQ 083022: Classification of duck decoy 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 083022

                                   March 27, 1990




          CLA-2: CO:R:C:G  083022 DRR

          CATEGORY:  Classification

          TARIFF NO.:  4202.92.3030

          Mr. M. Barry Levy
          Sharretts, Paley, Carter & Blauvelt, P.C.
          Eighty Broad Street
          New York, New York 10004

          Re:  Classification of duck decoy bag

          Dear Mr. Levy:

                This is in reference to your letter dated August 1, 1988,
          requesting the classification of a duck decoy bag under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).

          FACTS:

                The merchandise at issue is a duck decoy bag designed for
          use in the sport of duck hunting.  The bag measures 52 inches by
          40 inches and is constructed of nylon net with a drawstring
          closure and double shoulder straps.  The bag will be imported
          from Taiwan.

          ISSUE:

                Whether the bag at issue is classifiable under Heading
          5608, 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 4202,
          HTSUSA, provides for, various types of bags, including sports
          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... 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.

                Additional U.S. note 1 to Chapter 42, states that Heading
          4202 includes articles designed to contain clothing and other
          personal effects during travel.  The duck decoy bag at issue is
          designed to carry other articles for travel and is therefore most
          specifically provided for under Heading 4202.

          HOLDING:

                The duck decoy bag at issue is classifiable under
          subheading 4202.92.3030, HTSUSA, as travel, sports and similar
          containers with outer surface of textile materials, other, other,
          other,with a duty rate of 20 percent ad valorem.  The textile
          category for this subheading is 670.

                Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicable to textile
          merchandise, you should contact your local Customs office prior
          to importation of this merchandise to determine the current
          status of any import restraints or requirements.



























                                         -3-


                The designated textile and apparel category may be
          subdivided into parts.  If so, visa and quota requirements
          applicable to the subject merchandise may be affected.  Since
          part categories are the result of international bilateral
          agreements which are subject to frequent renegotiations and
          changes, we suggest that you check, close to the time of
          shipment, the Status Report on Current Import Quotas (Restraint
          Levels), an internal issuance of the U.S. Customs Service, which
          is available for inspection at your local Customs office.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division












































          6cc A.D. N.Y., Seaport
          rimmer library/peh
          083022