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NY 852325

May 24 1990

CLA-2-54:S:N:N3H:351 852325


TARIFF NOS.: 5404.10.2090; 0503.00.0000

Mr. Paul Goldin
S. Herlich Co., Ltd.
6640 De L'Esplanade Avenue
Montreal, Quebec H2V4L5 Canada

RE: The tariff classification of polypropylene monofilament and horsehair brush bristles from Canada.

Dear Mr. Goldin:

In your letter dated April 20, 1990, you requested a tariff classification ruling.

You have submitted three samples of brush bristles measuring approximately 7 1/2 inches in length, as follows: 100% polypropylene monofilaments, 100% horsehair (animal hair), and a combination mixture of 80% polypropylene monofilaments and 20% horsehair, by weight. We assume that the polypropylene monofilaments measure 67 decitex or more and that no cross- sectional dimension exceeds 1 millimeter (mm). The synthetic monofilaments, the horsehair bristles, and the combination mixture will be used as raw material in the manufacture of brushes and brooms.

In your letter, you inquire about certain classification and country of origin issues. We can not rule on the various proposed blends of the materials, including 51% horsehair/49% synthetic monofilament, other man-made fiber combinations, or blends with vegetable fibers. Your request for a classification ruling should include samples (five or less) of each item, value and weight breakdowns, and information about the uses of different types of bristles. Regarding combination mixtures with American-made monofilaments, this issue - the classification and eligibility for treatment under subheading 9801.00.1035, Harmonized Tariff Schedule - is before our Headquarters on an internal advice request from an importer with similar brush bristles.

The applicable subheading for the 100% polypropylene, if of Canadian origin, and the 80% polypropylene/20% horsehair bristles will be 5404.10.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic monofilament of 67 decitex or more and of which no cross-sectional dimension exceeds 1 mm, ..., monofila-ment, other, other. The duty rate will be 7.8 percent ad valorem.

Goods classifiable under subheading 5404.10.2090, HTS, which have originated in the territory of Canada, will be entitled to a 6.2 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The 100% horsehair brush bristles will be classifiable under the provision for horsehair and horsehair waste, whether or not put up as a layer with or without supporting material, in subheading 0503.00.0000, HTS. The merchandise will be free of duty.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire

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