CLA-2 CO:R:C:G 087173 CMR
Salvatore Caramagno, Esq.
Ross & Hardies
888 16th Street, N.W.
Washington, D.C. 20006-4103
RE: Classification of hand-cast string-drawn fishing nets
Dear Mr. Caramagno:
This ruling is in response to your submission of May 8,
1990, on behalf of Blue Ribbon Products, requesting classifica-
tion of a hand-cast string-drawn fishing net. The net is
produced in Taiwan.
FACTS:
The net at issue is approximately six feet in diameter with
a 1/2 inch mesh size and weighted with lead. It is made of a
open mesh construction with knotted monofilament yarn of man-made
fiber. The subject net is commonly known as a cast net and its
principal use in the United States is to catch bait fish, such as
minnows. While this type of net may be used by commercial bait
shops, it is principally used by sports fishermen to catch bait.
Two sample nets were submitted.
ISSUE:
Are cast nets such as the one at issue classifiable in
heading 5608, HTSUSA, which provides for, among other things,
made up fishing nets and other made up nets, of textile
materials, or in heading 9507, HTSUSA, which provides for, among
other things, fishing rods, fish hooks and other line fishing
tackle; fish landing nets, butterfly nets and similar nets?
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LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes, provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order]."
Heading 5608, HTSUSA, specifically provides for made up
fishing nets and other made up nets, of textile materials. The
Explanatory Notes for heading 5608 exclude "[s]ports nets (e.g.,
goal nets and tennis nets), fish landing nets and other nets of
Chapter 95." The Explanatory Notes are the official
interpretation of the HTSUS at the international level.
You have suggested that the cast net at issue is excluded
from heading 5608 because it is used by sports fishermen to catch
bait and thus, should be considered a sports net. We agree that
cast nets are principally used in the United States by sports
fishermen to catch bait. Furthermore, you contend that the
fishing nets encompassed by heading 5608 are limited to
commercial fishing nets and that the cast net at issue is
excluded since its principal use is not commercial, but
recreational.
The HTSUSA does not contain any language specifying the
scope of the phrase "made up fishing nets." Since the HTSUSA
fails to define the terms at issue, it is proper to look to
previous decisions under the Tariff Schedules of the United
States (TSUS) for the tariff meaning of the terms. In Pier I
Imports, Inc. v. United States, 83 Cust. Ct. 43, C.D. 4819
(1979), the Customs Court considered the scope of the TSUS
provision for fish netting and fish nets. The merchandise at
issue was decorative fish netting used for display purposes.
The court noted the Government's contention that items 355.35
through 355.46, TSUS, were intended to encompass only commercial
fishing nets and fish netting. The court concluded that since
the merchandise at bar was not suitable for commercial fishing,
it was not classifiable in the provision for fish netting and
fish nets. Pier I Imports is discussed in HRL 060802 of
February 8, 1980, C.S.D. 80-224. In its argument in Pier I
Imports, the Government asserted that previous acts of Congress
demonstrated a congressional mandate that the provision for fish
netting and fish nets encompassed only commercial fishing nets
and fish netting.
In HRL 060802 of February 8, 1980, Customs ruled an aquarium
net of the type used in homes and pet shops was not classifiable
under the provision for fishing nets. In light of Pier I Imports
and the decision issued by Customs in HRL 060802, and without any
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contrary indications within the HTSUSA, we believe it is proper
to conclude that the phrase "made up fishing nets" in heading
5608, HTSUSA, applies to only fishing nets suitable for
commercial fishing.
As the subject net is not principally used for commercial
fishing, it does not fall within the scope of "made up fishing
nets" of heading 5608, HTSUSA. It is a net used principally by
sports fishermen participating in the sport of fishing. The net
is used either directly before or during fishing activity. While
the net is not mounted on a wire support and fixed to a handle,
it is similar to landing nets in that each net is utilized by
sports fishermen while fishing.
The Explanatory Notes for heading 5608 provide: "Made up
nets of this heading are restricted to those nets not covered
more specifically by other headings of the Nomenclature."
Although the net at issue is not a "fishing net" of heading 5608,
it may be an "other made up net" of the heading unless covered
more specifically elsewhere in the tariff. We believe that since
the net is principally used by sports fishermen, it falls within
the exclusion for sports nets found in the Explanatory Notes for
heading 5608, HTSUSA, and is covered more specifically in heading
9507, HTSUSA, as a net similar to landing nets and butterfly
nets.
HOLDING:
The casting net at issue is classifiable as a sports net
similar to landing nets in subheading 9507.90.6000, HTSUSA,
dutiable at 5 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division