Classification of lingerie bag

HQ 084339 July 21, 1989 CLA-2:CO:R:C:G 084339 SR CATEGORY: Classification TARIFF NO.: 6307.90.9000 Mr. Richard Curley Advance Brokers, Ltd. P.O. Box 447 East Boston, MA. 02128 RE: Classification of lingerie bag Dear Mr. Curley: This is in reference to your letter dated April 10, 1989, requesting the tariff classification of a lingerie bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Taiwan was provided. FACTS: The merchandise at issue consists of a 100 percent polyester raschel knit net fabric lingerie bag. The bag measures 14 inches by 18 inches and has a zipper across the top of the bag. The article is used to protect lingerie and similar apparel during machine washing. ISSUE: Whether the merchandise at issue is classifiable as a net article or as a made-up article. LAW AND ANALYSIS: The article at issue cannot be considered to be a net article under the HTSUSA. The article is a knit fabric that is constructed on a raschel knit machine. This raschel knit fabric does not fit the definition of a net fabric provided in the Explanatory Notes to heading 5804, HTSUSA. The Explanatory Notes constitute the official interpretation of the tariff at the international level. -2- Therefore, the merchandise at issue cannot be classified as a made up net under heading 5608, HTSUSA, or as a net fabric under heading 5804, HTSUSA. Heading 5804, HTSUSA, also specifically excludes knitted fabrics. Heading 6307, HTSUSA, provides for other made up articles. The Explanatory Notes to heading 6307, HTSUSA, state that this heading covers made up articles of any textile material which are not included in other headings. The merchandise at issue is not included in any other heading. HRL 083671 dated April 24, 1989, dealt with a raschel knit hammock chair. This ruling classified the chair under subheading 6307.90.9000, HTSUSA, because the hammock is raschel knit and not classifiable as an article of net. HOLDING: The merchandise at issue is classifiable under subheading 6307.90.9000, HTSUSA, as other made up articles, other, other. The rate of duty is 7 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division