United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0084687 - HQ 0084763 > HQ 0084723

Previous Ruling Next Ruling

HQ 084723

August 29, 1989

CLA-2 CO:R:C:G 084723 JBW


TARIFF NO.: 5608.19.2000

Ms. Jean Gomez
EMGO International, Ltd.
5501 Collins Blvd.
Austell, Georgia 30001

RE: Classification of Cargo Nets

Dear Ms. Gomez:

Your letter of May 12, 1989, on behalf of EMGO International, Ltd., addressed to our New York office, has been referred to this office for reply concerning the classification of motorcycle cargo nets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The sample submitted is a knotted net constructed of rubber cord covered with polyester braid. Attached to the net are six plastic covered metal hooks. A breakdown by weight of the component materials of the net is: rubber elastic cord, 158 g., 70.2%; textile covering, 10 g., 4.45%; hooks, 57 g., 25.35%. The suggested use of the merchandise is to fasten accessories or cargo to the back of motorcycles. According to the packaging, the merchandise is sold in different colors and sizes and with additional hooks.


Whether knotted netting that is constructed of rubber filaments covered by braided polyester is considered to made be of man-made textile material or of other textile materials?


The General Rules of Interpretation (GRI's) set forth the legal framework in which merchandise is to be classified under the HTSUSA. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's.

Note 10 to Section XI states that elastic products consisting of textile materials combined with rubber threads are classified as textile products in Section XI. Thus, the textile portion of the elastic material determines the composition for classification purposes.

Heading 5608, HTSUSA, governs, inter alia, other made up nets, of textile materials. Two subheadings break down these articles by composition into goods of man-made textile materials, subheading 5608.19, or of other materials, subheading 5608.90. The textile portion of the good is polyester, a man-made textile material. The cargo net is therefore classified under subheading 5608.19.2000, HTSUSA.


The motorcycle cargo nets are classified under subheading 5608.19.2000, HTSUSA, as other made up nets of man- made textile materials. The applicable rate of duty is 10 percent ad valorem. This item falls within textile category 229.

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.


John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: