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HQ 085844

January 25, 1990

CLA-2 CO:R:C:G 085844 HP


TARIFF NO.: 5608.90.3000

Mr. Emil J. Gomez
Box 664
Mableton, Georgia 30059

RE: Reconsideration of HRL 084723, cargo nets;rubber cordage;- elastic;motorcycle;metalized yarn;HRL 084861;

Dear Mr. Gomez:

This is in reply to your letter of October 4, 1989, requesting reconsideration of HRL 084723 of August 29, 1989.


The merchandise at issue consists of a knotted net constructed of rubber cord covered with polyester braid, produced in Taiwan and Thailand. 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 grams (70.2%); textile covering, 10 grams (4.45%); and hooks, 57 grams (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.

In HRL 084723 of August 29, 1989, we classified this merchandise under subheading 5608.19.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as made up nets of man-made textile materials. Under this subheading, a visa in textile category 229 was required.


Whether the instant merchandise is considered made up of man-made textile materials under the HTSUSA?



In HRL 084723, we state that

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. [Emphasis added].

As a result, we considered the elastic cordage to be composed "of polyester," an man-made fiber.

The Explanatory Notes (EN) to the HTSUSA constitute the official interpretation of the tariff at the international level. The General Explanatory Notes to Section XI states the "[r]ubber thread and cord, textile covered, are included in heading 56.04." Although rubber thread and cord could also be considered "man- made," and thereby classifiable in Chapters 54 or 55, HTSUSA, it is our opinion that if this dual classification possibility was intended, the drafters of the Harmonized System would not have included specific headings for rubber thread or cord, textile covered. This, in addition to the fact that heading 5604 more specifically describes the cordage, leads us to discourage classification of the instant merchandise as of man-made textile materials. See HRL 084861 of August 24, 1989 (metalized yarn).


As a result of the foregoing, the instant merchandise is classified under subheading 5608.90.3000, HTSUSA, as knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials, other, other, other. Articles classified under subheading 5608.90.3000, 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. Thailand is a designated country, although Taiwan is not. Otherwise, the General rate of duty is 10 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, visa an quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and 3
changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

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 importing the merchandise to determine the current applicability of any import restraints or requirements.

This notice to you should be considered a modification of HRL 084723 of August 29, 1989, as to the merchandise described as a cargo net, under 19 C.F.R 177.9(d)(1) (1989). It is not to be applied retroactively to HRL 084723 (19 C.F.R. 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, HRL 084723 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to the release of HRL 085844 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.


John Durant, Director
Commercial Rulings Division

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