N124319 N1 Ruling Active

The tariff classification of an S/2 paint brush magnetic can clip from Taiwan

Issued October 21, 2010 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8505.19.3000

Headings: 8505

Product description

The merchandise subject to this ruling is an S/2 paint brush magnetic can clip. It is identified within your letter as Item # 68550. The S/2 paint brush magnetic can clip consists of a plastic clip with a metal tab protruding from the top of the plastic clip and a metal non-flexible magnet on the back of the plastic clip. The metal tab can be used to remove the top of a paint can. The item can be clipped on to a paint can and the magnet securely holds a paint brush that has metal bands. In that manner, the paint left on the paint brush can drip back into the paint can. The S/2 paint brush magnetic can clip is a composite good consisting of plastic, a metal tab and a non-flexible metal magnet. The essential character of this item is imparted by the magnet because without the magnet it would not be able to hold a metal banded paint brush securely to paint can so that the paint can drip back into the can as intended. A retail box containing two S/2 paint brush magnetic can clip was submitted for classification purposes and is being returned as per your request.

CBP rationale

The applicable subheading for the S/2 paint brush magnetic can clip (Item # 68550) will be 8505.19.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Permanent magnets and articles intended to become permanent magnets after magnetization: Other: Other.

Full text

N124319 October 21, 2010 CLA-2-85:OT:RR:NC:N1:109 CATEGORY: Classification TARIFF NO.: 8505.19.3000 Ms. Janet Pendris Hampton Direct 291 Hurricane Lane Williston, VT 05495 RE: The tariff classification of an S/2 paint brush magnetic can clip from Taiwan Dear Ms. Pendris: In your letter dated September 17, 2010 you requested a tariff classification ruling. The merchandise subject to this ruling is an S/2 paint brush magnetic can clip. It is identified within your letter as Item # 68550. The S/2 paint brush magnetic can clip consists of a plastic clip with a metal tab protruding from the top of the plastic clip and a metal non-flexible magnet on the back of the plastic clip. The metal tab can be used to remove the top of a paint can. The item can be clipped on to a paint can and the magnet securely holds a paint brush that has metal bands. In that manner, the paint left on the paint brush can drip back into the paint can. The S/2 paint brush magnetic can clip is a composite good consisting of plastic, a metal tab and a non-flexible metal magnet. The essential character of this item is imparted by the magnet because without the magnet it would not be able to hold a metal banded paint brush securely to paint can so that the paint can drip back into the can as intended. A retail box containing two S/2 paint brush magnetic can clip was submitted for classification purposes and is being returned as per your request. The applicable subheading for the S/2 paint brush magnetic can clip (Item # 68550) will be 8505.19.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Permanent magnets and articles intended to become permanent magnets after magnetization: Other: Other. “The rate of duty will be 4.9 percent 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 Linda M. Hackett at (646) 733-3015. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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