CLA-2:CO:R:C:G 082150 SR
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.
- 2 -
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
Commercial Rulings Division
6cc: Area Director, New York Seaport
SRosenow:jaj:10/28/88