CLA-2 CO:R:C:G 083272 RFC
TARIFF NO: 5608.19.2000
Mr. Charles N. Riley
Wolf D. Barth Co., Inc.
721 Chestnut Street
Philadelphia, PA 19106
RE: Netting used to hold bait in lobster traps
Dear Mr. Riley:
This ruling letter is in response to your request of
December 7, 1988, on behalf of Frank W. Winns & Sons, concerning
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), for netting used to hold bait in
lobster traps. The netting is made of a polyethylene cord and is
produced in Indonesia. A sample was submitted for examination.
FACTS:
The submitted sample consists of netting composed of an
intertwined and knotted polyethylene cord. The netting is in the
shape of a conical basket with drawstrings at each end.
ISSUE:
What is the proper classification under the HTSUSA for the
above-identified goods?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 states, in
part, that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes...."
Heading 5608 provides for knotted netting of twine, cordage
or rope; made up fishing nets and other made up nets, of textile
materials. Explanatory Note 56.08(2) states, in part, that
"[m]ade up nets are nets, whether or not ready for use, made
directly to shape or assembled from pieces of netting."
-2-
HOLDING:
The merchandise at issue is classified under subheading
5608.19.2000, HTSUSA, which provides for knotted netting of
twine, cordage or rope; made up fishing nets and other made up
nets, of textile materials, other, other, textile category 229,
and dutiable at the rate of 10 percent ad valorem.
Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchanise, you should contact your local Customs office prior to
importation of this merchandise to determine the current status
of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division