The tariff classification of a brush set from China.
Issued February 6, 2008 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 9603.29.8010
Headings: 9603
Product description
The sample you submitted, model number IREDAVINCPPK, is referred to as the “Davinci Brush Case.” The case measures 12 inches high by 16 inches wide by 13 inches deep and is vinyl covered. A felt-covered plastic insert is designed to display nine styling brushes. The brushes are in various sizes and use either porcupine or vinyl bristles. The brushes in the case are to be displayed in a hair salon and used as samples for ordering. It is the opinion of this office that this is a set for tariff purposes. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States Annotated (HTS) at the international level, state in Note X to Rule 3(b) that the term "goods put up in sets for retail sale" means goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. This item does meet all of these requirements.
CBP rationale
The applicable subheading for the brush set will be 9603.29.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued over 40c each: Hairbrushes.
Full text
N022366 February 6, 2008 CLA-2-96:OT:RR:NC:SP:233 CATEGORY: Classification TARIFF NO.: 9603.29.8010 Kathy Trotta Conair Corporation 150 Milford Road East Windsor, NJ 08520 RE: The tariff classification of a brush set from China. Dear Ms. Trotta: In your letter dated January 22, 2008, you requested a tariff classification ruling. The sample which you submitted is being returned as requested. The sample you submitted, model number IREDAVINCPPK, is referred to as the “Davinci Brush Case.” The case measures 12 inches high by 16 inches wide by 13 inches deep and is vinyl covered. A felt-covered plastic insert is designed to display nine styling brushes. The brushes are in various sizes and use either porcupine or vinyl bristles. The brushes in the case are to be displayed in a hair salon and used as samples for ordering. It is the opinion of this office that this is a set for tariff purposes. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States Annotated (HTS) at the international level, state in Note X to Rule 3(b) that the term "goods put up in sets for retail sale" means goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. This item does meet all of these requirements. The applicable subheading for the brush set will be 9603.29.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued over 40c each: Hairbrushes.” The rate of duty will be 0.3c each and 3.6% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Lawrence Mushinske at 646-733-3036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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