HQ 0084254 - Tariff classification of a #150 pet pouch - United States International Trade Commision Rulings

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HQ 084254

July 12, 1979

CLA-2 CO:R:C:G: 084254 jlj 839187

CATEGORY: CLASSIFICATION

TARIFF: NO.: 6307.90.9050

Mr. William F. Martin
Pansy Ellen Products, Inc.
1245 Old Alpharetta Road
Alpharetta, Georgia 30201

RE: Tariff classification of a #150 pet pouch

Dear Mr. Martin:

You requested a tariff ruling for a #150 pet pouch manufactured in China. You submitted a sample of this item to our New York office, but the sample was not received in this office.

FACTS:

The merchandise at issue is called a #150 pet pouch. The pouch is shaped like a trapezoid. It is made of raschel knit with woven textile material sewn around the edges. The raschel knit is made of 100 percent polyester, while the woven textile binding is 65 percent polyester and 35 percent rayon. Attached to each corner is a plastic ring. The item also includes four screw anchors, one plastic key used for pushing the anchors open and four metal screw hooks. The item is used as a toy storage net.

ISSUE:

Is the instant pet pouch classified as an article of net in Heading 5608 or as a knit fabric item in Heading 6307?

LAW AND ANALYSIS:

The article at issue cannot be considered to be a net under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The pet pouch is made of a knit fabric which is constructed on a raschel knit machine. This raschel knit fabric
does not fit the definition of a net fabric provided in Heading 5804, HTSUSA, which covers net fabric. Therefore, the instant pet pouch cannot be classified as a made up net article under Heading 5608, HTSUSA, nor 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 for Heading 6307, HTSUSA, state that this heading covers made up articles of any textile material which are not covered in other headings. The merchandise at issue is not included in any other heading.

HOLDING:

The instant pet pouch is classified under the provision for other made up articles, including dress patterns: other: other: other, in subheading 6307.90.9050, HTSUSA, dutiable at the rate of 7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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