HQ 084685: Classification of a blower vacuum bag; reconsideration of NYRL 825366, dated October 28, 1987

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 084685

                                     July 14, 1989


            CLA-2 CO:R:C:G  084685 DRR

            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; reconsideration of
                 NYRL 825366, dated October 28, 1987

            Dear Mr. Chan:

                 This is in reference to your letter dated March 17, 1989,
            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 cotton twill fabric and measures
            approximately 30 inches long by 22.5 inches wide.  There is an
            opening which is approximately four inches in diameter.  The
            bag has two woven polypropylene straps and a velcro closure.  A
            zipper closure runs the length of the bag to facilitate removal
            of the grass.  The bag is similar to one which you submitted
            for classification in a letter dated November 10, 1987, and
            which was classified under subheading 5911.90.00, HTSUSA, in
            Headquarters Ruling 081595 SM, dated May 25, 1988 and a bag
            which you submitted for classification in a letter dated
            October 8, 1987, which was classified under subheading
            5911.90.00, HTSUSA, in Headquarters Ruling 082150 SR, dated
            November 30, 1988.  However, in New York Ruling 825366, dated
            October 28, 1989, a similar bag was classified under subheading
            6307.90.8000, HTSUSA, as other made up textile articles.  The
            bag at issue is distinguished from the prior submissions in
            that the design, size and fabric have been changed.

            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.  Explanatory Note 59.11(B)(9) states that "all textile
            articles of a kind used for technical purposes (other that
            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, as well as the one described in
            New York Ruling 825366, is materially identical to the blower
            bag classified under subheading 5911.90.00, HTSUSA, in
            headquarters decision 082150 SR.  There is nothing in the
            subheading or Explanatory Note to indicate that the
            classification is effected by the type of fabric, size or
            design of the bag.

            HOLDING:

                 The blower bag at issue is classifiable under subheading
            5911.90.00, HTSUSA, as textile products and articles for
            technical uses, with a duty rate of 7.5 percent ad valorem.

                 New York Ruling 825366, dated October 28, 1987, is hereby
            revoked.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division














            rimmer library 084685
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