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HQ 083939

June 14, 1989

CLA-2 CO:R:C:G 083939 DFC


TARIFF NO.: 6307.90.9030

Mr. Marty Langtry
Castelazo & Associates
5420 West 104th St.
Los Angeles Ca.90045

RE: Tariff classification of a tub toy bag made in Taiwan.

Dear Mr. Langtry:

In a letter dated February 24, 1989, you inquired as to the dutiable status of a tub toy bag. A sample was submitted for examination.


The sample bag is constructed of rashel knit and measures approximately 14 inches long by 11 inches wide. The top of the bag is closed by means of a double woven 1/8 inch nylon braided drawstring. This item will be used for holding bath toys when the toys are not in use.


Is the bag classifiable under subheading 5608.19.20, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as other made of nets of textile materials or under subheading 4202.92, HTSUSA, as similar bags or under subheading 6307.90.90, HTSUSA, as other made up articles of textile materials?


The vast preponderance of merchandise which is commercially known as net, is raschel knit. Explanatory Note 2 to heading 56.08 reads in pertinent part as follows:

(2) Made up fishing nets and other made up nets of textile materials.

As distinct from the products referred to in paragraph (1) above, made up articles of the group may be made of yarn and the open mesh may be obtained by knotting or otherwise.

Made up nets of this heading 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, balloon or air-ship nets, etc.

The bag would appear to meet the criteria for classification under subheading 5608.19.20, HTSUSA. It is made of a material which has stable open mesh and would in any trade sense be considered a net. The Explanatory Notes indicate that made up nets classified here may be made by knotting or otherwise (emphasis added). This appears to mean that they can be made by any method of construction.

The Explanatory Notes state that netting in the piece produced by crochet work (heading 6002) is excluded from 5608. There is no mention of whether other made up nets may be made of the material of 6002. This may be taken to indicate that material of heading 6002 was not intended to be excluded from 5608 when made up into an article.

However, we note that raschel knitted net is not considered to be net for purposes of the HTSUSA. The net fabric of which these bags are made would be classified in chapter 60, probably under 6002.43.0010, HTSUSA, as other warp knit fabric of man-made fibers. In order to be classified as a net fabric under 5804.10.00, HTSUSA the fabric may not be knitted or crocheted.

How, therefore, can a fabric which is not considered a net under the HTSUSA be used to create an item considered to be an other made up net? It is our position that since this article is not made of net for the purposes of the HTSUSA, it cannot be classified in subheading 5608.19.20, HTSUSA, as other made up nets.

This article is not within the purview of heading 4202, HTSUSA, because items classifiable thereunder are either carried on or with the person or they are at least used as part of another luggage item.


The tub toy bag is classifiable under subheading 6307.90.9030, HTSUSA, as other made up articles of textile materials, other, other, other, with duty at the rate of 7 percent ad valorem.


John Durant, Director

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