CLA-2 CO:R:C:G 087396 MBR
District Director
U.S. Customs
555 Battery Street, Room 213
P.O. Box 2450
San Francisco, CA 94111
RE: Internal Advice Request 42/90; Classification of electric
toothbrushes; Composite Good; Electromechanical domestic
appliances
Dear Sir:
This is in reply to your request for Internal Advice 42/90,
dated April 30, 1990, concerning the classification of electric
toothbrushes. The request was initiated by Mr. Barry Silvers of
Aircargo Brokerage Co.
FACTS:
The Plak Trac is a toothbrush utilizing two rotating bristle
pods, each containing four soft-bristle tufts. These pods fit
into the brush head, which is approximately two inches long. The
brush head snaps into the handle of the unit, which has a self-
contained battery operated motor. In addition, the Plak Trac
contains a rechargeable holder with an electric cord at its base.
ISSUE:
Is the "Plak Trac" electric toothbrush classifiable in
Heading 9603, HTSUSA, which provides for: "[b]rooms, brushes...,"
or in Heading 8509, HTSUSA, which provides for:
"[e]lectromechanical domestic appliances, with self-contained
electric motor?"
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's). GRI
1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.
The Plak Trac electric toothbrush is prima facie
classifiable under the following headings:
8509 Electromechanical domestic appliances,
with self contained electric motor; parts
thereof:
8509.80.00 Other appliances
* * * * * * * * * * * * *
9603 Brooms, brushes (including brushes constituting
parts of machines, appliances or vehicles), hand
operated mechanical floor sweepers, not
motorized, mops and feather dusters; prepared
knots and tufts for broom or brush making; paint
beds and rollers; squeegees (other than roller
squeegees)
9603.21.00 Toothbrushes, ...including such brushes
constituting parts of appliances
The Plak Trac electric toothbrush consists of two rotating
bristle pods (each containing four soft-bristle tufts), a brush
head, a handle which has a self-contained battery operated motor,
and a rechargeable holder with an electric cord.
Heading 9603, HTSUSA, only provides for brushes which are
parts of machines or appliances. In the instant case, however,
the brushes are imported with the entire electromechanical
domestic appliance. Therefore, heading 9603 does not provide for
the instant merchandise, as imported.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) regarding electromechanical domestic
appliances provided for in heading 8509, HTSUSA, page 1345-6,
state in pertinent part:
This heading covers a number of domestic appliances in which
an electric motor is incorporated. The term "domestic
appliances" in this heading means appliances normally used
in the household.
(B) A non-limited class of articles classified in this
heading provided their weight is 20 kg or less.
This group includes, inter alia:
(7) Electric tooth brushes.
The Harmonized Commodity Description and Coding System
Explanatory Notes (EN), although not dispositive, should be
looked to for the proper interpretation of the HTSUSA. See 54
Fed. Reg. 35128 (August 23, 1989).
Therefore, the Plak Trac is properly classifiable in
subheading 8509.80.00, HTSUSA, which provides for:
"[e]lectromechanical domestic appliances, with self contained
electric motor; [o]ther appliances: [o]ther."
However, if the Plak Trac brush pods (which fit into the
brush head) are imported separately, they would not be considered
a composite good and would, therefore, be classifiable under
subheading 9603.21.00, HTSUSA, which provides for: "[b]rooms,
brushes...: [t]oothbrushes, ...including such brushes
constituting parts of appliances: [t]oothbrushes."
HOLDING:
The Plak Trac electric toothbrush is properly classifiable
in subheading 8509.80.00, HTSUSA, which provides for:
"[e]lectromechanical domestic appliances, with self contained
electric motor; [o]ther appliances: [o]ther." The rate of duty
is 4.2 percent ad valorem.
If the Plak Trac brush pods are imported separately, they
would be classifiable under subheading 9603.21.00, HTSUSA, which
provides for: "[b]rooms, brushes...: [t]oothbrushes, ...including
such brushes constituting parts of appliances: [t]oothbrushes."
The rate of duty is 2 cents each plus 3.4 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division