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NY H87300




January 31, 2002

CLA-2-56:RR:NC:N3:351 H87300

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.19.2090

Ms. Gayle E. Meagher
Charles M. Schayer & Co.
3839 Newport St.
Denver, CO 80207

RE: The tariff classification of cargo restraint net from China.

Dear Ms. Meagher:

In your letter, dated January 25, 2002, you requested a ruling on behalf of Kwik Tek, Inc., of Denver, on tariff classification.

You submitted a sample of a cargo restraint net for ATV’s, motorcycles, and snowmobiles. It is made of knotted netting composed of polypropylene strips in a braided textile sheath. We shall assume for this ruling that the textile sheath is a man-made fiber. The net has six vinyl-dipped steel hooks for fastening to the vehicle.

Your letter states your belief that the correct classification for this merchandise is subheading 8708.29.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Parts and accessories of the motor vehicles of headings 8701 to 8705: Other parts and accessories of bodies . . .: Other: Other: Other.” However, the Explanatory Notes to Section XVII state that items classifiable as parts in chapters 86-88 must not be more specifically included elsewhere in the tariff. The cargo restraint nets are more specifically provided for elsewhere in the tariff. The provision for made up nets specifically describes the goods in question, that is, the cargo restraint nets are made up nets of textile materials. Therefore, following the direction of the tariff, the goods are excluded from classification as parts or accessories in Chapters 86 to 88.

The applicable subheading for this product will be 5608.19.2090, HTS, which provides for “Knotted netting of twine, cordage, or rope; . . . other made up nets, of textile materials: Of man-made textile materials: Other: Other: Other.” The general rate of duty will be six percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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