CLA-2 CO:R:C:G: 084709 CB
Leslie A. Glick, Esq.
Porter, Wright, Morris & Arthur
1233 20th Street, N.W.
Washington, D. C. 20036-2395
RE: Classification of mixed vegetable fiber brooms
Dear Mr. Glick:
This ruling letter is in response to your inquiry of May 3,
1989, requesting a classification ruling under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), for
mixed vegetable fiber brooms.
FACTS :
The merchandise at issue are brooms that are combinations of
natural grasses (rattan) and broom corn. The vegetable fibers
are fixed with textile threads forming a decorative motif and
strongly secured to the end of a wooden handle with the aid of
wire. The non-broom corn (rattan) is in greater weight than
the broom corn. The rattan is one-third the value of the broom
corn.
ISSUE :
Whether the subject merchandise is classifiable as an
article consisting of rattan fibers or of corn fibers under
Chapter 96, HTSUSA.
LAW AND ANALYSIS :
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 states, in part, that "classification
shall be determined according to the terms of the headings and
any relative Section or Chapter Notes and, provided such headings
or Notes do not otherwise require, according to the following
[GRI's]...." GRI 3(b) provides that composite goods consisting
of different materials "...which cannot be classified by
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reference to 3(a), shall be classified as if they consisted of
the material or component which gives them their essential
character...."
With regard to the subject merchandise, the non-broom corn
(rattan) and the broom corn qualify as composite goods. They are
two components attached to each other to form a practically
inseparable whole. Since the non-broom corn and broom corn fall
under separate subheadings in the HTSUSA, GRI 3(b) requires that
a determination of which component imparts the essential
character to the goods must be made, if possible.
According to the Explanatory Notes to GRI 3(b), the
essential character may be determined by the nature of the
material or component, its bulk, quantity, weight or value, or by
the roles of a constituent material in relation to the use of
the goods. The Explanatory Notes constitute the official
interpretation of the tariff at the international level.
The merchandise at issue consists of rattan vegetable fibers
and broom corn fibers. The rattan is in greater weight than
broom corn which comprises no more than a maximum of 43.7 percent
and as little as 28.5 percent of the total weight depending on
the model. The rattan is one-third the value of broom corn.
Although the broom corn is stronger and lasts 10 percent longer
than the rattan vegetable fibers, such an insignificant
difference in durability would not be a factor to be taken into
consideration for GRI 3(b) purposes. Both constituent materials
serve the same role in relation to the use of the goods.
Therefore, we have bulk and weight versus value.
Heading 9603.10, HTSUSA, provides for brooms and brushes,
consisting of twigs or other vegetable materials bound together,
with or without handles. It is Customs opinion that in applying
GRI 3(b) to the subject merchandise, the proper classification is
in subheading 9603.10.7000 because the weight and bulk of the
broom is imparted by the rattan vegetable fiber.
HOLDING :
The vegetable fiber broom is classified under subheading
9603.10.7000, which provides for brooms and brushes, consisting
of twigs or other vegetable materials bound together, with or
without handles, other. Articles classified under subheading
9603.10.7000, when imported from designated beneficiary
countries, may be entitled to duty free treatment under the
Generalized System of Preferences, provided all applicable
requirements are met. Otherwise, the General rate of duty is 10
percent ad valorem.
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Your samples will be returned to you under separate cover.
Sincerely,
John Durant, Director
Commercial Rulings Division