CLA-2 CO:R:C:F 950166 ALS
Consul (Trade)
South African Consulate General
Trade and Industries Office
333 E. 38th St., 9th Floor
New York, New York 10016
RE: Brush Booster, a Hinged Fin Attachment for a Swimming Pool
Cleaning Brush
Dear Consul:
This is in reference to your inquiry of July 3, 1991,
regarding the tariff classification of a hinged plastic fin which
attaches to a pool cleaning brush. You also requested
information as to the applicability of the Comprehensive Anti-
Apartheid Act of 1986.
FACTS:
The article under consideration is described as a hinged fin
which is attached to the shaft of a swimming cleaning brush to
increase the effectiveness of the brush in cleaning pools and
removing algae build-up. The article is made of tough injection
molded nylon and polypropylene plastic and is manufactured in
South Africa. Neither the manufacture or handling of the product
is handled by a parastatal organization. The brush booster is
designed to increase the effectiveness of pool cleaning brush.
It is noted that, as the brush is moved back and forth, the fin
exerts a forward pressure, forcing the bristles against the pool
side.
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ISSUE:
1. What is the tariff classification of a plastic brush
booster?
2. Is the article subject to the Comprehensive Anti-
Apartheid Act of 1986?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's) taken in order.
GRI 1 provides that the classification is determined first in
accordance with the terms of the headings and any relative
section and chapter notes. If GRI 1 fails to classify the goods,
and if the heading and legal notes do not otherwise require, the
remaining GRI's are applied, taken in order.
The product under consideration is described as a brush
booster and is intended to make a pool cleaning brush more
effective. It resembles a fin, is made of plastic, and is
designed to be attached to the shaft of a swimming pool cleaning
brush, presumably by the user of such brush.
In considering the headings of the HTSUSA under which the
article may be classified, we noted heading 3926 which provides
for "other articles of plastic" and heading 9506, which provides
for "Articles and equipment for gymnastics,...swimming pools and
wading pools; parts and accessories thereof." We noted that none
of the subheadings under heading 3926 specifically provide for
the article under consideration and that, if the article were to
be classified thereunder, it would be classified under subheading
3926.9090, HTSUSA, which generically provides for other articles
of plastic. We further noted that Note 2(u) to Chapter 39,
HTSUSA, in which that subheading is found, specifically excludes
article of chapter 95 (toys, games, sports equipment), HTSUSA,
from classification thereunder.
Thus, it was necessary to examine chapter 95, HTSUSA, to
ascertain whether the article may be classified thereunder. We
noted that such chapter generally covers sports equipment and
that Legal Note 3 to that chapter provides that parts and
accessories which are suitable for use solely or principally with
articles of the chapter are to be classified with those articles.
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In view of the above note, subheading 9506.9955, HTSUSA,
which specifically covers swimming pools and wading pools and
parts and accessories thereof, it was necessary to determine
whether the article might be considered an accessory which is
used solely or principally with a swimming pool. Unfortunately,
the term accessory is not defined in either the HTSUSA or in the
Explanatory Notes to the Harmonized System. We, however, have
previously noted that an accessory is generally understood to
mean an article which is not necessary to enable the goods with
which they are used to fulfill their intended function.
Accessories are of secondary importance, not essential of
themselves. They must, however, contribute to the effectiveness
of the principal article (e.g., facilitate the use or handling of
the principal article, widen the range of its uses, or improve
its operation).
In Headquarters Ruling Letter (HRL) 085038 dated September
29, 1989, and HRL 085895 dated November 27, 1989, we noted that
Webster's Third New International Dictionary, Unabridged (1986)
defines an accessory as an object or device that is not essential
in itself but that adds to the beauty, convenience, or
effectiveness of something else.
The brush booster, while not essential to the function of a
swimming pool or the cleaning thereof, does contribute to the
effective and convenient care and maintenance of the pool. The
descriptive literature provided with your inquiry indicates that
the product is designed to be principally used in connection with
the cleaning of swimming pools although it might be used in
connection with cleaning of the bottoms of moored boats.
Accordingly, we believe that it is reasonable to conclude
that the article is an accessory principally used with swimming
pools.
The sanctions imposed pursuant to the Comprehensive Anti-
Apartheid Act of 1986 (22 U.S.C. 5001-5117), have been terminated
by Executive Order 12769 of July 10, 1991. That Order was
implemented by an amendment to the regulations of the Office of
Foreign Assets Control, Department of the Treasury, published in
the Federal Register of July 12, 1991, (56 FR 32056).
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HOLDING:
The brush booster, which is a plastic fin that fits onto the
shaft of a pool cleaning brush and is designed to increase the
effectiveness of that brush, is a swimming pool accessory and is
classifiable under subheading 9506.99.5500, HTSUSA. It is
subject to a general rate of duty of 5.3 per cent ad valorem.
The sanctions imposed by the Comprehensive Anti-Apartheid
Act of 1986 were lifted effective July 10, 1991, and are
inapplicable with respect to transactions on or after that date.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NYSEAPORT
1cc: NIS J. Mazzola
1cc: NIS T. McKenna
950166 plastic brush booster fin - swimming pool cleaning
brush accessory
ALSARASKY 11/8/91