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NY 863053

Jun 03 1991

CLA-2-96:S:N:N01:236 863053

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.10.9000

Mr. Frank Nussbaumer
Industrias Nidalia S.A.
Apartado Aereo 52353
Barranquilla, Colombia
South America

RE: The tariff classification of Whiskbrooms from Colombia

Dear Mr. Nussbaumer:

In your letter dated April 2, 1991 you requested a tariff classification ruling on whiskbrooms made of Brown Fiber (not broom corn) obtained from a palm tree found in Colombia.

The applicable HTS subheading for Whiskbrooms of Brown Fiber will be 9603.10.9000, which provides for other brooms and brushes, consisting of twigs or other vegetable materials bound together, with or without handles. The rate of duty will be 10 percent ad valorem.

Articles classifiable under subheading 9603.10.9000, HTS, which are products of Colombia, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

You also asked the following questions:

1. Is there a quota for whiskbrooms made essentially of Brown Fiber with less than 10 percent broom corn? Reply The provision for whiskbrooms reads "wholly or in part of broom corn." "in part of" means that the goods contain a significant quantity of the named material. Headquarters interpretation of the word significant as used above implies a degree of usefulness, being meaningful or necessary, or denoting employment for a reason. In most instances, the adding of broom corn to a whiskbroom has a degree of usefulness or is employed for a reason. In our opinion, a whiskbroom with something less than 10 percent broom corn could be subject to quota.

2. Where the tariff mentions whiskbrooms value under or over 45 cents each and other brooms valued under or over 96 cents, are these figures expressed as FOB or CIF values? Reply These figures are expressed in terms of F.O.B. port of exportation.

3. Where duties are expressed in ad valorem rates, i.e., 32 percent on whiskbrooms and other brooms, are these ad valorem rates FOB or CIF? Reply Ad valorem rates are expressed in terms of F.O.B. port of exportation.

4. Are whiskbrooms and brooms made of broom corn exported from Honduras, a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act (CBERA), treated differently than brooms of broom corn exported from Colombia? Reply Yes and no. Yes, Honduras being a member of (CBERA) would be eligible for duty-free treatment upon compliance with all applicable regulations. Exports of whiskbrooms wholly or in part of broom corn from Colombia would be dutiable. No, regardless of country of origin, whiskbrooms, wholly or in part of broom corn are always subject to quota.

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.

Sincerely,

Jean F. Maguire
Area Director

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