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HQ 087534

August 30, 1990

CLA-2 CO:R:C:G 087534 HP


TARIFF NO.: 6307.90.9590

Mr. John F. Cowen
Philip T. Cowen Customhouse Brokers
1918 E. Elizabeth
Brownsville, TX 78520

RE: Oyster and scallop cultivator constructed of openwork Raschel like knit is not a net.

Dear Mr. Cowen:

This is in reply to your letters of April 5, 1990, and June 16, 1990, concerning the tariff classification and potential duty reduction of a Salt Water Oyster & Scallop Cultivator, produced in the United States and Mexico, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Please reference your client Taylor Ocean Industries, Inc. Only the tariff classification issue will be responded to in this letter; the issue of potential duty reduction under heading 9802, HTSUSA, has been referred to our Value and Special Admissability Branch, and will be undertaken in a future correspondence.


The merchandise at issue consists of an oyster and scallop cultivator. The cultivator is constructed of carbon steel rings coated with polyethylene, and polyethylene openwork fabric and rope. It comes in either 3 or 6 tier sizes.

This device is used to grow these mollusks in a controlled salt water environment. Oyster and scallop seeds are placed inside each tier, where they grow to maturity. The creatures are then harvested by pulling the device out of the water.


What is the classification of the cultivator?


Heading 5608, HTSUSA, provides for made up nets of textile materials. The Explanatory Notes (EN) to the HTSUSA constitute the official interpretation of the tariff at the international level. While not legally binding, they do represent the considered views of classification experts of the Harmonized System Committee. It has therefore been the practice of the Customs Service to follow, whenever possible, the terms of the Explanatory Notes when interpreting the HTSUSA.

The EN to heading 5608 states, in pertinent part:

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.

The EN to heading 5804, HTSUSA, defines net fabrics as follows:

Net fabrics have three series of threads: parallel warp threads, mesh threads and binding threads (e.g., filet nets). 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). [Figure omitted.]

The cultivator's fabric does not meet this description. Laboratory analysis has determined that the cultivator has an openwork construction with a distinct warp direction, similar to a knit assembled by Raschel knitting. Since the fabric fails to qualify as net fabric, the cultivator cannot be classified in heading 5608. See HRL 086013 of February 2, 1990 (hammock not constructed of net fabric not classifiable in 5608).

Heading 6307, HTSUSA, provides for made up articles of textiles not more specifically provided for in Section XI. As no heading covers the cultivator, it is classifiable as an other article.


As a result of the foregoing, the instant merchandise is classified under heading 6307.90.9590, HTSUSA, as other made up articles, including dress patterns, other, other, other, other. Articles classified under subheading 6307.90.9590, HTSUSA, when imported from designated beneficiary countries, are entitled to a duty rate of Free under the Generalized System of Preferences. Section 503, Trade Act of 1974. Otherwise, the General rate of duty is 7 percent ad valorem.



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