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

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 6cc: Area Director, New York Seaport DRRimmer:jaj:7/14/89