Classification of a bassinet with mosquito netting and carry bag

HQ 085521 June 6, 1990 CLA-2:CO:R:C:G 085521 SR CATEGORY: Classification TARIFF NO.: 9403.20.0010 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