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HQ 083864

May 4, 1989

CLA-2:CO:R:C:G 083864 HP


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 Grass Catcher Bag

Dear Mr. Chan:

This letter is in reference to your letter of February 3, 1989, to our New York office, concerning the tariff classification of a grass catcher bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The merchandise at issue is a grass catcher bag designed to be attached to a blower vacuum for catching grass. The bag is constructed of 100 percent cotton corduroy fabric, measuring approximately 28 inches long by 22-1/2 inches wide. On one corner there is a 2-7/16 inch sleeve-like extension with a 4 inch opening at the end which would attach to the mouth of the blower vacuum. Attached to the 4 inch opening is a 14 inch woven polypropylene strap with a Velcro-like closure. 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 1-1/2 inch by 72 inch adjustable woven polypropylene strap is sewn to opposite corners of the bag for carrying while in use. The word "TORO" is printed on one side, surrounded by a black border.


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


Subheading 5911.90.00, HTSUSA, provides for classification of those textile products and articles, for technical uses, as specified in Chapter Note 7 to Chapter 59. Chapter Note 7(B) to Chapter 59, HTSUSA, states that Heading 5911 applies to the following goods, which do not fall under 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. Explanatory Note (B) to Heading 59.11 states that

[a]ll 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: (9) Bags for vacuum cleaners, filter bags for air filtration plant, oil filters for engines, etc.

The grass catcher bag at issue is substantially similar to a vacuum cleaner bag. It connects to a lawn mower/leaf blower in the same fashion as a vacuum cleaner bag attaches to the vacuum cleaner. The catcher bag is used to collect and store grass cuttings until they can be disposed of; the same can be said of the dirt in a vacuum cleaner bag. Since the grass catcher bag and the vacuum cleaner bag are virtually indistinguishable in use, the grass catcher bag must also be considered a textile article used for technical purposes.


The grass catcher 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.


John Durant, Director
Commercial Rulings Division

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