HQ 084339: 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 084339

                                    July 21, 1989



          CLA-2:CO:R:C:G  084339  SR

          CATEGORY:  Classification

          TARIFF NO.:  6307.90.9000

          Mr. Richard Curley
          Advance Brokers, Ltd.
          P.O. Box 447
          East Boston, MA. 02128

          RE: Classification of lingerie bag

          Dear Mr. Curley:

               This is in reference to your letter dated April 10, 1989,
          requesting the tariff classification of a lingerie bag under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  A sample produced in Taiwan was provided.

          FACTS:

               The merchandise at issue consists of a 100 percent polyester
          raschel knit net fabric lingerie bag.  The bag measures 14 inches
          by 18 inches and has a zipper across the top of the bag.  The
          article is used to protect lingerie and similar apparel during
          machine washing.

          ISSUE:

               Whether the merchandise at issue is classifiable as a net
          article or as a made-up article.

          LAW AND ANALYSIS:

               The article at issue cannot be considered to be a net
          article under the HTSUSA.  The article is a knit fabric that is
          constructed on a raschel knit machine.  This raschel knit fabric
          does not fit the definition of a net fabric provided in the
          Explanatory Notes to heading 5804, HTSUSA.  The Explanatory Notes
          constitute the official interpretation of the tariff at the
          international level.
















                                         -2-

          Therefore, the merchandise at issue cannot be classified as a
          made up net under heading 5608, HTSUSA, or as a net fabric under
          heading 5804, HTSUSA.  Heading 5804, HTSUSA, also specifically
          excludes knitted fabrics.

               Heading 6307, HTSUSA, provides for other made up articles.
          The Explanatory Notes to heading 6307, HTSUSA, state that this
          heading covers made up articles of any textile material which are
          not included in other headings.  The merchandise at issue is not
          included in any other heading.

               HRL 083671 dated April 24, 1989, dealt with a raschel knit
          hammock chair.  This ruling classified the chair under subheading
          6307.90.9000, HTSUSA, because the hammock is raschel knit and not
          classifiable as an article of net.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6307.90.9000, HTSUSA, as other made up articles, other, other.
          The rate of duty is 7 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division