CLA-2:CO:R:C:G 085521 SR
Ms. Angela DeGaetano
Chief, CIE
U.S. Customs Service
6 World Trade Center
New York, New York 10048
RE: Classification of a bassinet with mosquito netting and carry
bag
Dear Ms. DeGaetano:
A Customs Form CF 6431, dated February 17, 1989, from the
Port of Los Angeles, California, concerns entry No. 467-0106798,
dated February 15, 1989, covering a shipment of bassinets with
carry bags and mosquito netting manufactured in Taiwan.
FACTS:
The import specialists maintain that the merchandise at
issue is classifiable as a set under subheading 9403.20.0010,
HTSUSA, which provides for metal household furniture. The issue
of concern is whether the mosquito netting and carry bag are
subject to quota and visa restraints since they are entered under
a non quota tariff classification. According to the Customs Form
CF 6431 that was submitted, the carry bag is classifiable under
subheading 4202.92.3030, HTSUSA; the mosquito netting is
classifiable under subheading 5608.90.3000, HTSUSA. The bassinet
was entered under subheading 9401.40.0000, HTSUSA, as a seat;
however, it appears that should be classified under subheading
9403.20.0010, HTSUSA, as other metal household furniture.
Without samples or further factual information we cannot
determine if the classification assigned to the individual
articles is correct.
-2-
ISSUE:
Whether the mosquito net and carry bag are subject to quota
and visa requirements.
LAW AND ANALYSIS:
All textiles and textile products that are a part of a set
under GRI 3(b) are subject to all applicable visa and quota
requirements. This applies to all items that would be required
to have a visa or be subject to quota if they were imported
separately. This rule is stated in the Federal Register, Vol.
53, No. 250, Thursday, December 29, 1988, pp. 52765-6.
HOLDING:
The bassinet, mosquito net and carry bag are classifiable as
a set under GRI 3(b). It appears that the proper classification
is under subheading 9403.20.0010, HTSUSA, which provides for
household furniture. Regardless of the classification of the
set, any textile articles that would be subject to quota if
imported separately, are subject to the same quota if imported as
part of a set. The carry bag, which would be classifiable under
subheading 4202.92.3030, HTSUSA, is in textile category 670. The
mosquito netting, classifiable under 5608.90.3000, HTSUSA, is not
subject to quota or visa requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc A.D. New York Seaport
1 cc Durant
1 cc legal reference