CLA-2-96:OT:RR:NC:SP:233
Mr. Robert A. Franklin
MBS Global LLC
555 South Industrial Drive
Suite 209
Hartland, WI 53029
RE: The tariff classification of a natural bristle paintbrush from China.
Dear Mr. Franklin:
In your letter dated October 28, 2008, you requested a tariff classification ruling. The sample which you submitted is being retained by this office.
A sample has been submitted of a natural bristle brush consisting of 80% horse hair and 20% hog hair. This item is attached by means of a metal ferrule to a wood handle, approximately 6 to 8 inches in length. The width of the brushes varies from ½ inch wide to 4 inches wide in one inch increments.
The manufacturer of the brush insists that this item is not appropriate as a paintbrush since horse hair is too soft to absorb and apply paint. He states that the brushes are used solely by the industry to clean machine parts and to remove debris from machines. However, based on examination of the sample submitted, the availability of horse hair paintbrushes on the internet and information from the industry, this item is considered a paintbrush.
The applicable subheading for the paintbrush will be 9603.40.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Paint, distemper, varnish or similar brushes (other than brushes of subheading 9603.30); paint pads and rollers: Other: Natural bristle brushes”. The rate of duty will be 4% ad valorem.
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 http://www.usitc.gov/tata/hts/.
The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).
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 Lawrence Mushinske at (646) 733-3036.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division