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HQ 086531


March 2, 1990

CO:R:C:G 086531 HP

CATEGORY: CLASSIFICATION

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

RE: HRL 083972 modified. Net bag for strollers.

Dear Mr. O'Neill:

This is in reference to HRL 083972 of January 8, 1990. Please reference your client Polo Plastics.

In HRL 083972, we classified a net bag for strollers, stating:

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 direct- ly 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 classi- fiable under heading 5608, HTSUSA, as a made up net.

This analysis was incorrect. In HRL 086013 of February 2, 1990, we noted that where the construction of an article fails to meet the description of net fabrics under heading 5804, the article cannot be classified in heading 5608.

Pursuant to 19 C.F.R. 177.9(d)(1), HRL 083972 is modified in conformity with the foregoing.

Sincerely,

John Durant, Director
Commercial Rulings Division

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