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NY K89177




September 15, 2004

CLA-2-50:RR:NC:TA:350 K89177

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080

Mr. James Zahrn
Sylvan Chemical Company, Inc.
P.O. Box 1926
Spartanburg, SC 29304-1926

RE: The tariff classification of a blower/vacuum bag and a grass catcher bag, from either China or Mexico.

Dear Mr. Zahrn:

In your letter dated August 25, 2004, you requested a tariff classification ruling.

Two representative samples were submitted. We note per a recent telephone conversation with your office that these bags will be imported from either China or Mexico.

The first item, consists of a blower/vacuum bag, which is made from a stitch-bonded fabric composed of polyester man-made fibers. This material has been lightly coated on one side with an unspecified foam (likely plastics) material, however, the fibrous nature of the material has not been lost as a result of the application. The bag contains a Velcro-like closure at one end and a zippered closure at the other end. This bag is designed for use on a powered blower/vac machine.

The second item, consists of a debris collection bag that is designed for use with a push lawn mower. This bag is constructed from a warp knit polyester fabric on three sides with the remaining side being made foam a high-density polyethylene sheet which has been embossed to imbue a woven effect. One side contains plastic molded fittings to facilitate its placement on the back of a lawn mower. The essential character of this bag is imparted by the textile fabric portion.

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

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.

Sincerely,

Robert B. Swierupski
Director,

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