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HQ 082150


November 30, 1988

CLA-2:CO:R:C:G 082150 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.00

Mr. Daniel Chan
F.L. Canvas International Co., Ltd.
P.O. Box 39-634
Taipei 10036 Taiwan R.O.C.

RE: Classification of a blower vacuum bag

Dear Mr. Chan:

This is in reference to your letter dated October 8, 1987, requesting the classification of a blower vacuum bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is a blower vacuum bag designed to be attached to a blower vacuum for catching grass. The bag is constructed of 100 percent woven polyester fabric and measures approximately 27 inches long by 22 5/16 inches wide. On one corner there is an 8 inch sleeve-like extension with a 6 1/4 inch opening at the end which would attach to the mouth of the blower vacuum. The other end of the bag has a zipper which runs the entire length of the side allowing the bag to be easily opened to remove the grass clippings. A 41 1/2 inch by 1 1/2 inch adjustable polypropylene strap is sewn to two opposite corners of the bag for carrying while in use. The words "WEED EATER" are printed on one side.

ISSUE:

Whether the bag at issue is classifiable as a textile product for technical uses.

LAW AND ANALYSIS:

Subheading 5911.90.00, HTSUSA, provides for textile products and articles, for technical uses, specified in Note 7 to chapter 59. Note 7(b) to Chapter 59, HTSUSA, states that heading 5911 applies to the following goods, which do not fall in any other heading of section XI: textile articles of a kind used for technical purposes.

The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level. Section XI Explanatory Note, 59.11(B)(9) states that "all textile articles of a kind used for technical purposes (other than those of headings 59.08 to 59.10) are classified in this heading and not elsewhere in Section XI (see Note 7(b) to the Chapter); for example: Bags for vacuum cleaners, filter bags for air filtration plant, oil filters for engines, etc."

The blower bag at issue is very similar to a vacuum cleaner bag. It connects to a lawn mower in the same fashion that a vacuum cleaner bag attaches to the vacuum cleaner. The blower bag is used to collect and store grass cuttings until they can be disposed of, the same way dirt is stored in a vacuum cleaner bag. Since the blower bag and the vacuum cleaner bag are indistinguishable in use, the blower bag must also be considered a textile article of a kind used for technical purposes.

HOLDING:

The blower bags at issue are classifiable under subheading 5911.90.0000, HTSUSA, as textile products and articles for technical uses, with a duty rate of 7.5 percent ad valorem.

This classification under the HTSUSA is effective January 1, 1989 and is subject to changes made to the statute before the effective date.

Sincerely,

John Durant, Director

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