The tariff classification of “Brush Cleaner Spray” from China

N315321 October 29, 2020 CLA-2-34:OT:RR:NC:N1:136 CATEGORY: Classification TARIFF NO.: 3402.20.5100; 9903.88.03 Ms. Elizabeth McGuffin Dollar General 100 Mission Ridge Goodlettsville, TN 37072 RE: The tariff classification of “Brush Cleaner Spray” from China Dear Ms. McGuffin: In your ruling request dated October 20, 2020, you requested a tariff classification ruling on “Brush Cleaner Spray.” Your submission describes the subject product as a cleaning solution, intended to be used to clean cosmetic hair brushes. “Brush Cleaner Spray” (SKU#: 27615701) will be imported in retail-ready, plastic spray bottles and marketed as a hair brush cleaner spray. The solution in the spray bottles is comprised of a liquid surface-active preparation, containing a non-aromatic surface-active agent, and other substances. You state that the liquid solution does not contain soap, detergent, or fragrance. The applicable subheading for “Brush Cleaner Spray” will be 3402.20.5100, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other. The general rate of duty will be free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3402.20.5100, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3402.20.5100, 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 Notice 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. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 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 Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division