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HQ 086412

February 6, 1990

CLA-2 CO:R:C:G 086412 CMR


TARIFF NO.: 5609.00.3000

Ms. Susan Dibble
Unique Simplicities, Inc.
Box 1185
New Paltz, New York 12561

RE: Revocation of NYRL 836151--classification of a nylon net hammock chair

Dear Ms. Dibble:

On February 9, 1989, NYRL 836151 was issued to you classifying a nylon net hammock chair as a made up net in subheading 5608.19.2000, HTSUSA. Since the issuance of that ruling we have reconsidered the articles included in heading 5608 as made up nets.


The hammock chair which was the subject of NYRL 836151 was made from three-ply twisted cords to form a fabric with the appearance of untwisted net. The twisted cords form an unstable mesh.


Was the hammock chair properly classified in heading 5608 as a made up net, or should it be classified in heading 5609 as an article of twine, cordage, rope or cables, not elsewhere specified or included?


Classification of products under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order].

The Explanatory Notes, which are the official interpretation of the HTSUS at the international level, provide the following guidance in regard to heading 5608 (in pertinent part):

Heading 5608

Made up fishing nets and other made up nets, of textile materials.

* * *, made up articles of this group may be made of yarn and the open mesh may be obtained by knotting or otherwise.

Made up nets are nets, whether or not ready for use, made directly to shape or assembled from pieces of netting. The presence of handles, rings, weights, floats, cords or other accessories does not affect the classification of the goods of this group.

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.

To be classified in heading 5608, the hammock chair must be made up of net fabric. Knotted net fabrics of twine, cordage or rope are classified in heading 5608. Heading 5804, provides for tulles and other net fabrics, not including woven, knitted or crocheted fabrics. The Explanatory Notes for heading 5804 discuss various types of net fabrics. Heading 5804 excludes nets or netting of heading 5608 (knotted netting of twine, cordage or rope).

On initial inspection it may appear that the hammock chair is of net fabric, however, it fails to meet the description of net fabrics in heading 5804. The Explanatory Notes for heading 5804 describes net fabrics as follows:

Net fabrics have three series of threads: parallel warp threads, mesh threads and binding threads (e.g., filet net). Each mesh thread runs alternately alongside different warps forming square
meshes as it passes from one to the other. The binding threads hold the fabric together by binding the mesh threads to the warp threads in certain places (see Figure 4).

The National Import Specialist in New York has informed this office that the hammock chair's fabric is identical to the fabric of a hammock classified in HRL 086013 of February 2, 1990. This means the fabric does not have three series of threads. Instead, it only has warp threads that are intertwined in a type of braid. Net fabrics are generally constructed by knotting, twisting or fusing yarns together at each point of intersection. See, Debbie Ann Gioello, Understanding Fabrics: From Fiber to Finished Cloth (1982); B. Corbman, Textiles: Fiber to Fabric (5th ed. 1975). This type of construction lends a stability to the fabric that the hammock chair's fabric lacks.

Since the hammock chair's fabric fails to qualify as net fabric, the hammock chair cannot be classified in heading 5608.

There are two other headings which should be considered within which the hammock chair may be classified. Heading 5609 provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included (bold added). Heading 6307 provides for other made up articles, including dress patterns.

General Rule of Interpretation (GRI) 3(a) provides that when an article is, prima facie, classifiable under more than one heading, it should be classified under the heading which provides the most specific description, unless the competing headings refer to part only of the article. Applying GRI 3(a), heading 5609 provides the most specific description of the hammock chair--it is an article of cordage not elsewhere specified or included.


The hammock chair is classified in subheading 5609.00.3000, HTSUSA, as an article of cordage not elsewhere specified or included, of man-made fibers. The applicable rate of duty is 9 percent ad valorem.

Pursuant to 19 CFR 177.9(d), NYRL 836151 of February 9, 1989, is hereby revoked. This ruling will not be applied retroactively to NYRL 836151 and will not, therefore, affect previous importations of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 836151 will not be valid precedent. We recognize that pending transactions may be
adversely affected by this revocation, in that current contracts for importations arriving at a port subsequent to the release of HRL 086412 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances.

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

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