HQ 086525

July 16, 1990

CLA-2 CO:R:C:G 086525 JLJ

CATEGORY: Classification

TARIFF NO.: 5608.19.2000

District Director of Customs

Thomas P. O\'Neill, Jr. Federal Building

10 Causeway Street

Boston, Massachusetts 02222-1059

RE: Decision on Application for Further Review of

Protest No. 0401-9-000850/851

Dear Sir:

This protest was filed against your decision in the

liquidation of certain entries covering bait bags imported

from the People\'s Republic of China. A sample was submitted

along with the protest.

FACTS:

The merchandise at issue consists of a polypropylene bait

bag, approximately 14 inches in length and of knotted net

construction. The bag has an opening at either end which can

be closed by means of a drawstring. The bait bags are placed

in lobster traps to hold bait which attracts lobsters into the

traps.

LAW AND ANALYSIS:

In Customs Headquarters Ruling Letter (HRL) 083272 of

January 10, 1990, we held that bait bags, similar to the

goods in question, were classified in subheading 5608.19.2000,

Harmonized Tariff Schedule of the United States Annotated

(HTSUSA). This subheading provides for made up fishing nets

and other made up nets, of textile materials: of man-made

textile materials: other: other. The visa category for this

subheading is 229. In HRL 086275 of March 13, 1990 and HRL

086342 of March 14, 1990, we again held that bait bags were

classified in subheading 5608.19.2000, HTSUSA. - 2 -

The protestant claims that the bait bags should be

classified under the provision for fish landing nets, butterfly

nets and similar nets, subheading 9507.90.60, HTSUSA. He

contends that the instant bait bags are not fishing nets but

are in fact categorized as landing nets and were classified in

a similar provision under the Tariff Schedules of the United

States. He also maintains that the bait bags should not

require a visa because they are not made domestically.

The HTSUSA replaced the Tariff Schedules of the United

States (TSUS) as our statutory tariff schedule on January

1, 1989, pursuant to the enactment of the Omnibus Trade and

Competitiveness Act of 1988, section 1204(c), 19 U.S.C.A.

section 3004(c) (West Supp. 1989). Although implementation of

the HTSUSA was intended to be, to the extent practicable, duty

and quota neutral, some changes were unavoidable when

converting from the TSUS to the HTSUSA. It appears that the

instant merchandise is one of those articles in which

implementation of the HTSUSA resulted in a change in the

textile category designation.

The Explanatory Notes for Heading 9507, HTSUSA, state

that:

This heading covers:

\* \* \* \*

\(2\) Fish landing nets, butterfly nets

and similar nets. These usually consist

of pocket-like nets of textile yarn or

cord, mounted on a wire support and fixed

to a handle.

The exemplars are not similar to the instant bait bags,

which are neither mounted on a wire support nor fixed to a

handle. Moreover, it is our experience that landing nets do not

have openings at both ends with drawstrings. Landing nets

usually have larger dimensions and are used to scoop up fish

after they have been hooked. The instant bait bags merely

contain bait which lures lobsters into the traps. - 3 -

The Explanatory Notes for Heading 5608 state as follows:

Made up nets are nets, whether or not

ready for use, made directly to shape or

assembled from pieces of netting\....The

heading includes fishing nets,\...net

shopping bags and similar carrying nets\....

In view of the bait bag\'s design, construction and use we

find that it is analogous to the netting provided for in

Heading 5608. We hereby reaffirm HRL 083272, HRL 086275 and

HRL 086342.

HOLDING:

The instant bait bags are classified as made up fishing

nets, of textile materials, in subheading 5608.19.2000, HTSUSA.

The protest must be denied in full. A copy of this

decision should be attached to the Form 19 Notice of Action to

be sent to the protestant.

Sincerely,

John Durant, Director