The tariff classification of a plastic feminine hygiene product from China.

N311102 April 15, 2020 CLA-2-39:OT:RR:NC:N4:415 CATEGORY: Classification; Marking TARIFF NO.: 3926.90.9990; 9903.88.15 Mr. Michael Broukhim Blossom Brush, Inc. 10833 Wilshire Boulevard Los Angeles, CA 90024 RE: The tariff classification of a plastic feminine hygiene product from China. Dear Mr. Broukhim: In your letter dated April 7, 2020, you requested a tariff classification ruling. Images were submitted in lieu of a sample. The product under consideration is described as the “Blossom Brush,” which is a feminine hygiene product designed for removal of retained debris and residual blood during the menstrual cycle. The “Blossom Brush” is constructed from medical-grade liquid silicone and polypropylene plastic and features a single row of nubs/teeth at the end of a long, slender, angled handle. It is not meant to be used with soaps, lotions, or creams and is only intended to be used with water. One “Blossom Brush” is to be utilized for one menstrual cycle of the user and per the provided documentation, it should be cleaned with hypoallergenic soap and water to remove debris prior to usage and in between uses. In your correspondence, you indicated that you believe this product is a brush, and this “brush” should be considered analogous to the vagina as a toothbrush is for the mouth. We disagree with the assertion this is a brush for classification purposes. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System at the international level. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized Tariff Schedule of the United States (HTSUS) and are generally indicative of the proper interpretation of these headings. Per the ENs, Note (B) for heading 9603 covers “other brooms and brushes,” which includes those “used for toilet purposes,” and “[i]n general, the brooms and brushes of this group consist either of small tufts or knots of flexible or springy fibres or filaments mounted in a broom or brush stock or back …” As this product does not meet the description of a brush due to lacking the requisite “fibres or filaments,” classification within heading 9603 is not appropriate. The “Blossom Brush” is considered an article of plastic, and as it is not more specifically provided for elsewhere, the applicable subheading will be 3926.90.9990, HTSUS, which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3926.90.9990, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3926.90.9990, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 at https://hts.usitc.gov/current. In your request, you also inquired how this product should be marked with “Made in China.” This is dependent on how it will be imported. In the submitted images, an example of the retail packaging was provided. It is noted that no country of origin or company address was on the packaging.The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.As provided in 19 CFR 134.41(b), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.With regard to the permanency of a marking, 19 CFR 134.41(a), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, 19 CFR 134.44, generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. As it appears the “Blossom Brush” will be sold to the ultimate purchaser in the retail packaging, this packaging must be printed with “Made in China” in a manner as described above in the pertinent regulations. There is not a specific place on the packaging this marking must be located as long as it can be found easily and read without strain. The only condition is if a company address is added that includes a country other than China, then the country of origin marking must be in close proximity and in similar print. The “brush” itself does not need to be marked, unless that is how the end customer would receive it, if so, the country of origin should be molded or printed onto the handle. 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 Kristopher Burton at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division