CLA-2 CO:R:C:T 950732 CC
David Kuang
Daybreak International, Inc.
1980 Olivera Road
Suite C
Concord, CA 94520
RE: Classification of a crab net; classifiable in Heading 5608;
HRL 950561
Dear Mr. Kuang:
This letter is in response to your request for the tariff
classification of a crab net.
FACTS:
The nets in question consist of two ring crab nets. The top
ring measures 30 inches in diameter and the bottom ring measures
12 inches in diameter. The two rings are connected with a
polyethylene man-made fiber mesh. You state that the crab nets
are in chief value of the two galvanized steel rings and that these
nets are used for sport fishing and not commercial use.
ISSUE:
Whether the merchandise at issue is classified in Heading 5608
of the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) or in Heading 9507, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's), taken
in order. GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section or
chapter notes.
Heading 5608, HTSUSA, provides for, among other articles, made
up fishing nets and other made up nets, of textile materials. The
Harmonized Commodity Description and Coding System, Explanatory
Notes, constitute the official interpretation of the HTSUSA at the
international level. The Explanatory Notes state at page 781 that
Heading 5608 covers the following:
(2) Made up fishing nets and other made up nets, of
textile materials.
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....
The heading does not cover:
(c) Sports nets (e.g., goal nets and tennis nets), fish
landing nets and other nets of Chapter 95.
Heading 9507, HTSUSA, provides for, among other articles, fish
landing nets, butterfly nets and similar nets. The Explanatory
Notes to this heading describe these nets, at page 1593, as
"usually consist[ing] of pocket-like nets of textile yarn or cord,
mounted on a wire support and fixed to a handle."
The Random House Dictionary of the English Language, the
Unabridged Edition defines landing net as "a small, bag-shaped net
with a handle at the mouth, for scooping a hooked fish out of the
water and bringing it to shore or into a boat." The crab net does
not have the construction or design of a fish landing net. In
addition, in Headquarters Ruling Letter (HRL) 950561, dated March
28, 1994, we classified a crab net as a made up fishing net of
Heading 5608. Consequently, the crab net at issue is classifiable
in Heading 5608.
HOLDING:
The crab net at issue is classified under subheading
5608.11.0090, HTSUSA, which provides for knotted netting of twine,
cordage or rope; made up fishing nets and other made up nets, of
textile materials: of man-made textile materials: made up fishing
nets, other. The rate of duty is 17 percent ad valorem, and the
textile category is 229.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior to
importation of this merchandise to determine the current status of
any import restraints or requirements.
The designated textile and apparel category may be subdivided
into parts. If so, visa and quota requirements applicable to the
subject merchandise may be affected. Since part categories are the
result of international bilateral agreements which are subject to
frequent renegotiations and changes, to obtain the most current
information available, we suggest that you check, close to the time
of shipment, the Status Report On Current Import Quotas (Restraint
Levels), an internal issuance of the U.S. Customs Service, which
is available for inspection at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division