The tariff classification of a floor mop from China

N282193 January 24, 2017 CLA-2-96:OT:RR:NC:4:234 CATEGORY: Classification TARIFF NO.: 9603.90.8050 Mr. Vincent Smith Circle Products, Inc. 1756 N. Bayshore Drive, 28-O Miami, FL 33132 RE: The tariff classification of a floor mop from China Dear Mr. Smith: In your letter, dated December 27, 2016, you requested a classification ruling. The ruling was requested on a floor cleaning device, item number B000252TJ, “The Grout Express.” Photos and a product description were submitted for our review. The Grout Express is a floor cleaning device consisting of a rectangular, plastic base measuring 14” L x 5 ½” W to which a collapsible, removable pole attaches. The pole can collapse to 26” or extend up to 46.5” and ends in a plastic grip at the top. It can be used with two types of cleaning pads, which are included: either a reusable microfiber textile cleaning pad which slips onto the base and can be used wet or dry on a variety of floor surfaces; or narrow disposable pads which connect to plastic holders on the bottom of the base that can be adjusted to different widths for the purpose of scrubbing tile grout. Also included is a hand-held grout scrubber consisting of a rounded handle connected to a plastic base onto which the disposable scrubbing pads affix. The Explanatory Notes (ENs) to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Per EN (D) to heading 9603, Harmonized Tariff Schedule of the United States (HTSUS), “Mops consist of a bundle of textile cords or vegetable fibres mounted on a handle.  Certain other mops consist of a mop-head pad made of textile or other material fitted or attached to a frame or other base connected to the handle.  They include dust mops, spray mops and sponge mops used in dry or wet applications for cleaning up stains or liquid spills, cleaning floors, washing dishes, etc.” The Grout Express meets the definition of a mop. The hand-held scrubber also meets this definition under heading 9603, HTSUS. The Grout Express mops come unassembled, with the base, pole, plastic holders, 20 disposable grout pads and one microfiber pad packaged together in a retail box. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 2(a) provides that any reference in a heading to an article shall be taken to include a reference to that article complete or finished… entered unassembled or disassembled. Regarding classification of the extra disposable scrubbing pads, we consider whether the items sold together as the Grout Express meet the definition of a set. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of 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. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the Grout Express to be a set for tariff classification purposes, with the essential character imparted by the mop. The applicable subheading for the Grout Express will be 9603.90.8050, HTSUS, which provides for Brooms, brushes…, 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): Other: Other: Other. The rate of duty will be 2.8% 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 the World Wide Web at https://hts.usitc.gov/current. 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 Charlene Miller at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division