HQ 950854: Net bag of textile materials; knotted; EN 56.08; NYRL 868586affirmed.

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 950854

                         January 7, 1992



CLA-2 CO:R:C:T 950854 CRS

CATEGORY:  Classification

TARIFF NO.:  5608.19.2090

Norman Katz, Esq.
Barnes Richardson & Colburn
475 Park Avenue
New York, NY 10016

RE:  Net bag of textile materials; knotted; EN 56.08; NYRL 868586
affirmed.

Dear Mr. Katz:

     This is in reply to your letter dated November 22, 1991, on
behalf of your client, Nelson/Weather-Rite, Inc., in which you
requested reconsideration of New York Ruling Letter (NYRL) 868586
of November 14, 1991.

FACTS:

     NYRL 868586 concerned the classification of a bag made from
three-strand twisted polyethylene cord which was knotted into an
open-work net material.  The bag measured approximately 24 inches
by 16 inches and had a drawstring top with a plastic cord lock.
The net bag was classified in subheading 5608.19.2090, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).

ISSUE:

     The issue presented is whether the merchandise in question
is classifiable as a made up net of textile material.

LAW AND ANALYSIS:

     Heading 5608, HTSUSA, provides for knotted netting of twine,
cordage or rope; made up fishing nets and other made up nets, of
textile material.  The Explanatory Notes, while not legally
binding, constitute the official interpretation of the Harmonized
System at the international level.  Explanatory Note (EN) 56.08
(2), 781, states:

     [M]ade up articles of this group may be made of yarn
     and the open mesh may be obtained by knotting or
     otherwise.

     ...

          Made up nets of [heading 5608] are restricted to
     those nets not covered more specifically by other
     headings of the Nomenclature.  The heading includes
     fishing nets, camouflage nets, theatrical scenery nets,
     safety nets, net shopping bags and similar carrying
     nets (e.g., for tennis balls or footballs), hammocks or
     air-ship nets, etc.

Only netting in the piece made by crochet work (heading 6002),
hair nets (heading 6505) and certain nets of Chapter 95, e.g.,
goal nets, fish landing nets and butterfly nets, are therefore
specifically excluded by EN 56.08.

     You have cited several rulings which you contend supports
your client's position; however, we do not find these rulings
persuasive, nor do we agree with your contention that heading
5608 is limited to net shopping bags and similar carrying nets.
Moreover, where Customs has excluded mesh nets from heading 5608
(other than those specifically excluded by EN 56.08) it has been
on the basis of construction rather than the type of net.  The
sample article is a general purpose net bag made from knotted
textile material.  It is not specifically excluded by EN 56.08;
accordingly, it is Customs' view that the instant mesh bag is
classifiable in heading 5608.

HOLDING:

     Pursuant to the foregoing, NYRL 868586 dated November 14,
1991, is affirmed.

     The merchandise in question is classifiable in subheading
5608.19.2090, HTSUSA, under the provision for knotted netting of
twine...and other made up nets of textile materials; other;
other; other.  It is dutiable at the rate of 10 percent ad
valorem and is subject to textile category 229.

     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, to obtain the most current information available, 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.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your 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