CLA-2 CO:R:C:G 085990 JBW
District Director of Customs
United States Customs Service
Lincoln Juarez Bridge, Building #2
P. O. Box 3130
Laredo, Texas 78044-3130
RE: Internal Advice Request 36/89 Concerning the Classification
and Eligibility for Treatment under Subheading 9801.00.1035,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), of Brush Bristles
Dear Sir:
This memorandum is in response to your request for
Internal Advice on the classification and eligibility for
treatment under subheading 9801.00.1035, HTSUSA, of brush
bristles. The request for Internal Advice was initiated in a
letter dated May 22, 1989, by Daniel B. Hastings, Inc., on behalf
of MFC Corporation of Laredo, Texas.
FACTS:
The products under consideration are brush bristles
consisting of polypropylene monofilaments, istle, or horsehair
that are blended, combed, and wrapped in Mexico. The percentage
composition varies according to the manufacturing specifications
of the brush style. However, each brush bristle under
consideration will consist of at least fifty percent
polypropylene by weight.
The polypropylene monofilament is manufactured in the
United States and exported to Mexico where a worker places the
fibers on a mixing and combing machine for processing with the
other components. The polypropylene is not processed,
manufactured, or otherwise changed through this process.
The importer urges classification of the brush bristles
consisting of at least fifty percent polypropylene monofilament
under subheading 9801.00.1035, HTSUSA.
ISSUES:
(1) Whether the mixing and combing of brush fibers is
an advancement in value or improvement in condition under
subheading 9801.00.10, HTSUSA?
(2) What is the classification of brush bristles
consisting of at least fifty percent polypropylene monofilament
by weight?
LAW AND ANALYSIS:
I. Eligibility of Brush Bristles for Duty-Free
Treatment under Subheading 9801.00.10
Subheading 9801.00.10, HTSUSA, provides for the free
entry of articles of United States origin exported and returned
without having been advanced in value or improved in condition by
any process of manufacture or other means while abroad. The
processing of the fibers by blending and combing results in an
improvement in their condition and constitutes an advancement in
value. In a ruling dated January 27, 1982 [HQ 069279], copy
enclosed, we held that polypropylene filaments of United States
origin exported to Mexico and blended with istle fibers after
cutting to length had been advanced in value and improved in
condition and were not eligible for free entry as American goods
returned. Accordingly, we are of the opinion that the subject
brush bristles would not be entitled to a duty exemption under
subheading 9801.00.10, HTSUSA, when returned from Mexico.
II. Classification of Brush Bristles
The brush bristles consist of polypropylene filament,
istle, and horsehair. These components, if imported separately,
are classified under different headings of the tariff: istle,
Heading 1403, HTSUSA; horsehair, Heading 0503, HTSUSA; and
polypropylene monofilament, Heading 5404, HTSUSA (the
polypropylene measures less than one millimeter in maximum cross
sectional dimension and appears to be more than 67 decitex and,
pursuant to Explanatory Note (1) to subheading 5404 and Chapter
Note 2(1) to Chapter 39, are thus considered to be textile
products).
GRI 3 applies when goods are classifiable under two or
more headings. The Explanatory Notes, which provide the official
interpretation of the HTSUSA at the international level, define
composite goods to include goods made up of different components,
even if the components are separable, as long as they are adapted
one to the other, are mutually complementary, and together form a
whole that would not normally be offered for sale in separate
parts.
The brush bristles are composite goods. As imported,
the components are separable, but they are adapted one to the
other and are mutually complementary. The combined components
are used in the industrial, maintenance, and janitorial brush
industry. The percentage composition of the blend is varied
according to the stiffness requirements of the consumer.
Furthermore, even though the individual components may be sold
separately, the utility of any individual component appears
limited when compared to the overall utility of the components
when blended. Thus, the components may be sold separately, but
in this case, they do not appear to be of the type normally
offered for sale in separate parts.
GRI 3(b) governs the classification of composite
goods. GRI 3(b) requires classification of a composite good as
if it consists of the component that gives it its essential
character. The Explanatory Notes state that the factors
determining essential character may vary as between different
kinds of goods. The Notes suggest that essential character may
be determined by the nature of a component or material, its bulk,
quantity, weight, or value, or by the role of a constituent
material in relation to the use of the goods. GRI 3(c) states
that if an item cannot be classified according to essential
character, then it is classified under the heading that occurs
last in numerical order among the headings that merit equal
consideration.
To determine classification of the blend, one must
examine the weight and value of the component materials, for we
believe that no individual component plays a unique or essential
role in the use of goods. Moreover, determinations by bulk or
quantity appear inconclusive. In each blend under
consideration, the polypropylene constitutes the principal
weight. In certain blends, the horsehair constitutes the
principal value of the blend. Where the polypropylene imparts
both the principal weight and value, one may conclude that the
polypropylene imparts the essential character. However, where
the polypropylene imparts only the principal weight and the
horsehair imparts the principal value, then classification is
determined according to GRI 3(c). In either case, the blend will
be classified as polypropylene monofilament under Heading 5404.
HOLDING:
The brush bristle blends are not eligible for duty-free
treatment under subheading 9801.00.1035, HTSUSA. The brush
bristle blends, consisting of at least fifty percent
polypropylene monofilament, are classified under subheading
5404.10.2090, HTSUSA, as synthetic monofilament of 67 decitex or
more and of which no cross-sectional dimension exceeds 1
millimeter, monofilament, other, other, and dutiable at the rate
of 7.8 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure