HQ 082150: Classification of a blower vacuum bag

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 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.





















                                         - 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