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NY N004668

January 17, 2007



TARIFF NO.: 5911.90.0080

Ms. Janice McEachern
Rogers & Brown Customs Brokers, Inc.
2 Cumberland Street
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a grass catcher bag, from either Hungary or Italy.

Dear Ms. McEachern:

In your letter dated December 15, 2006, on behalf of Husqvarna, you requested a tariff classification ruling.

The instant sample, consists of a grass catcher bag which is designed to be fitted to a Craftsman lawnmower after its importation into the United States. The bag is composed of 3-sides that are of a knitted polyester man-made fiber construction and a bottom portion made of solid polyethylene plastic. The bag contains plastic molded fittings, which are designed to secure the bag to the lawn mower housing.

You suggest that classification is proper in tariff subheading 8433.90.1000, which provides for “parts of mowers for lawns, parks or sports grounds”, however, this is not correct.

Section XVI, note 1(e) that governs classification of products in Chapter 84 of the tariff, states that "this section does not cover transmission or conveyor belts of textile material (5910) or other articles of textile material for technical uses (heading 5911)." Therefore, your product is precluded from classification therein.

The applicable subheading for the product will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile products and articles, for technical use. The rate of duty will be 3.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Deborah Walsh at 646-733-3044.


Robert B. Swierupski

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