CLA-2 CO:R:C:G 086013 CMR
Ms. Kelli Brown
MI CASA
149 Main Street
Burlington, Vermont 05401
RE: Classification of Yucatan Hammocks from Mexico
Dear Ms. Brown:
This ruling is in response to your letter of October 3, 1989,
requesting a binding classification ruling on Yucatan Hammocks from
Mexico.
FACTS:
A sample hammock has been submitted for review. The body of the
hammock is made of 100 percent cotton cords; the supporting cords at
each end are made of 100 percent nylon. The hammocks are handmade in
Mexico by twisting and intertwining the cords. The twisted cords
form an unstable open mesh. The cords are not anchored; they slip
around easily.
ISSUE:
Is the hammock at issue classifiable under heading 5608, HTSUSA,
which provides for, among other items, made up fishing nets and other
made up nets, of textile materials; or under heading 6306, HTSUSA,
which provides for, among other items, camping goods; or elsewhere in
the HTSUSA?
LAW AND ANALYSIS:
Classification of products 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
-2-
headings and any relative section or chapter notes, and provided such
headings or notes do not otherwise require, according to [the
remaining GRIs taken in order].
The Explanatory Notes, which are the official interpretation of
the HTSUS at the international level, provide the following guidance
in regard to headings 5608 and 6306, respectively (in pertinent
part):
Heading 5608
Made up fishing nets and other made up nets, of textile
materials.
* * *, made up articles of this group may be made of yarn and
the open mesh may be obtained by knotting or otherwise.
Made up nets are nets, whether or not ready for use, made
directly to shape or assembled from pieces of netting. The
presence of handles, rings, weights, floats, cords or other
accessories does not affect the classification of the goods of
this group.
Made up nets of this heading are restricted to those nets not
covered more specifically by other headings of the Nomenclature.
The heading includes fishing nets, camouflage nets, theatrical
scenery nets, safety nets, net shopping bags, and similar
carrying nets (e.g. for tennis balls or footballs), hammocks,
balloon or air-ship nets, etc.
Heading 6306
Tarpaulins, * * *, tents and camping goods
Camping goods. This group includes canvas buckets, water bags,
wash basins; ground-sheets; pneumatic mattresses, pillows and
cushions (other than those of heading 40.16); hammocks (other
than those of heading 56.08).
To be classified in heading 5608, the hammock must be made up of
net fabric. Knotted net fabrics of twine, cordage or rope are
classified in heading 5608. Heading 5804, provides for tulles and
other net fabrics, not including woven, knitted or crocheted fabrics.
The Explanatory Notes for heading 5804 discuss various types of net
fabrics. Heading 5804 excludes nets or netting of heading 5608
(knotted netting of twine, cordage or rope).
-3-
On initial inspection it may appear that the hammock is of net
fabric, however, it fails to meet the description of net fabrics in
heading 5804. The Explanatory Notes for heading 5804 describes net
fabrics as follows:
Net fabrics have three series of threads: parallel warp threads,
mesh threads and binding threads (e.g., filet net). Each mesh
thread runs alternately alongside different warps forming square
meshes as it passes from one to the other. The binding threads
hold the fabric together by binding the mesh threads to the warp
threads in certain places (see Figure 4).
The hammock's fabric does not have three series of threads.
Instead, it appears to only have warp threads that are intertwined in
a type of braid. Additionally, net fabrics are generally constructed
by knotting, twisting or fusing yarns together at each point of
intersection. See, Debbie Ann Gioello, Understanding Fabrics: From
Fiber to Finished Cloth (1982); B. Corbman, Textiles: Fiber to Fabric
(5th ed. 1975). This type of construction lends a stability to the
fabric that the hammock's fabric lacks.
Since the hammock's fabric fails to qualify as net fabric, the
hammock cannot be classified in heading 5608. Classification in
heading 6306 has been suggested as an alternative because the article
at issue is a hammock and hammocks are among the items mentioned in
the Explanatory Notes for inclusion within the heading.
Customs does not believe that this hammock is classifiable in
heading 6306 as camping equipment. It is rather large and bulky and
not typical of hammocks used for camping.
There are two other headings which should be considered within
which the hammock may be classified. Heading 5609 provides for
articles of yarn, strip or the like of heading 5404 or 5405, twine,
cordage, rope or cables, not elsewhere specified or included (bold
added). Heading 6307 provides for other made up articles, including
dress patterns.
General Rule of Interpretation (GRI) 3(a) provides that when an
article is, prima facie, classifiable under more than one heading, it
should be classified under the heading which provides the most
specific description, unless the competing headings refer to part
only of the article. Applying GRI 3(a), heading 5609 provides the
most specific description of the hammock--it is an article of cordage
not elsewhere specified or included.
-4-
HOLDING:
The hammock at issue is classified in subheading 5609.00.1000,
HTSUSA, as an article of cordage not elsewhere specified or included,
of cotton. The applicable rate of duty is 5.8 percent ad valorem.
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 importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins