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HQ 083972

January 8, 1990

CLA-2 CO:R:C:G 083972 HP 832382


TARIFF NO.: 6307.90.9030

Mr. Michael O'Neill
O'Neill & Whitaker
1809 Baltimore Avenue
Kansas City, MO 64108

RE: Classification of Net Bags for Strollers

Dear Mr. O'Neill:

This is in reply to your letter of September 19, 1988, concerning the tariff classification of net bags for strollers, produced in Hong Kong by Polo Plastics, under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).


The merchandise at issue consists of a net pouch for baby strollers. The back section is constructed of 200 denier 100 percent nylon fabric. The front is a polyester raschel knit net section, with an elasticized upper lining. Velcro-type fastener strips are attached to the four corners of the rectangular pouch.


Whether the bag is a made up net, a luggage-type bag, or a part of a stroller under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?


Heading 4202, HTSUSA, provides for articles similar to suitcases, briefcases, or, wallets, sports bags and tool bags. The
General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRI's, taken in order.

GRI 1 states, in pertinent part:

... classification shall be determined according to the terms of the headings and any relative section or chapter notes ....

Note 1(c) to Chapter 42, HTSUSA, provides that "[m]ade up articles of netting ..." shall not be included in the Chapter. Assuming, arguendo, that the article is not "of netting," the merchandise is still not classifiable as a bag under heading 4202. The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level. Ex planatory Note 42.02 reveals that "[t]his heading covers only the articles specifically named therein and similar containers." The merchandise is clearly not luggage similar to those enumerated in heading 4202. Therefore, the instant merchandise is not a bag, and is not classifiable, under heading 4202, HTSUSA.

Heading 8715 provides for baby carriages, including strollers, and parts (but not accessories) thereof. Explanatory Note 87.15 states, in pertinent part:

(II)Parts of the above-mentioned carriages [are covered], provided the parts fulfil both the following conditions:

(i)They must be identifiable as being suitable for use solely or principally with the carriages of this heading;
and(ii)They must not be excluded by the provisions of the Notes to Section XVII....

Parts of this heading include:

(1)Bodywork for mounting on chassis, including the removable type of perambulator bodies which can be used as cradles.

(2)Chassis and parts thereof.

(3)Wheels (whether or not fitted with their tyres) and parts thereof.

In general, an article is a part if it cannot be used on its own, but must be combined with other articles to form goods capable of fulfilling an intended function. For classification purposes, a product must be identifiable by its shape or other characteris tics as a part intended solely or principally for use with an article and generally must be needed in the operation of the article for its intended purpose.

Accessories are articles that are not needed to enable the goods with which they are used to fulfil their intended function. They may facilitate the use or handling of the principal article, widen the range of uses of the principal article, improve the operation of the principal article, increase the working capacity of the principal article, or any number of functions that are intimately associated with the principal article. It is our opinion that the instant merchandise cannot be considered a part of a baby stroller. The bag is neither an integral constituent part of the stroller, without which the stroller would not operate, nor does the bag aid in the safe and efficient operation of the stroller. As there is no provision in the heading for accessories, the instant merchandise cannot be classified under heading 8715, HTSUSA.

Heading 5608, HTSUSA, provides for, inter alia, made up nets, of any construction, of textile materials, not produced by crochet work. Explanatory Note 56.08 states, in pertinent part:

(2) * * * The heading includes . . . net shopping bags and similar carrying nets (e.g., for tennis balls or footballs)....

The instant merchandise would appear to meet the criteria of heading 5608, HTSUSA. It is of a material which has a stable open mesh, and has been made directly to shape. Although the bag's construction by means of a warp knitted fabric would exclude the fabric from classification as a "net fabric" under heading 58.04, HTSUSA, heading 56.08 only excludes work produced by crochet work. Explanatory Note 56.08(a). Therefore, the net portion of the merchandise at issue is classifiable under heading 5608, HTSUSA, as a made up net.

Heading 6307, HTSUSA, provides for other made up articles of textiles. Therefore, the merchandise at issue is provided for in part under heading 6307.

GRI 3 states, in pertinent part:

When by application of Rule 2(b) [goods of more than one material or substance] or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:

(b)Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a) [which requires that goods be classified, if possible, under the more specific of the competing provisions], shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. In general, essential character has been construed to mean the attribute which strongly marks or serves to distinguish what an article is; that which is indispensable to the structure, core, or condition of the article. It is our opinion that neither the mesh net of the front section nor the nylon fabric of the back section serve to impart the bag's essential character. While the mesh section allows the bag's ingredients to be observed, this is not an activity essential to the bag's structure or purpose. As a result, classification cannot be based upon a GRI 3(b) analysis.

GRI 3(c) states that

[w]hen goods cannot be classified with reference to 3(a) [heading with the most specific description] or 3(b) [material or component imparting essential character], they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The competing provisions under a GRI 3(c) analysis are headings 5608 and 6307.


As a result, the stroller bag is classifiable under subheading 6307.90.9050, HTSUSA, as other made up articles, including dress patterns, other, other, other. The applicable rate of duty is 7 percent ad valorem.

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 issuance of the U.S. Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current applicability of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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