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HQ 967294

November 22, 2004

CLA-2 RR:CR:GC 967294 KBR


TARIFF NO.: 6701.00.3000

Ted Youngs
Oro Design
503 W. Mt. Pleasant Ave.
Philadelphia, PA 19119

RE: Modification of NY J89913; Feather “Duster” Tickler

Dear Mr. Youngs:

This is in reference to New York Ruling Letter (NY) J89913, issued to you by the Customs and Border Protection (“CBP”), National Commodity Specialist Division, New York, on November 19, 2003. That ruling concerned the classification of a sensual travel kit under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). In NY J89913, we determined that the sensual travel kit was not a set and, therefore, the components must be classified individually. One component, a feather “duster” tickler was classified as a “feather duster”. We have reviewed NY J89913 and determined that the classification provided for the feather “duster” tickler is incorrect.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), a notice was published on September 29, 2004, in Vol. 38, No. 40 of the Customs Bulletin, proposing to modify NY J89913. No comments were received in response to this notice.


NY J89913, concerned an incomplete sensual travel kit which included a feather “duster” tickler. The feather “duster” tickler was classified in subheading 9603.90.4000, HTSUSA, as a feather duster. We have reviewed that ruling and determined that the classification of the feather “duster” tickler is incorrect. This ruling sets forth the correct classification for the feather “duster” tickler.


What is the correct classification of the feather “duster” tickler?


Merchandise is classifiable under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) in accordance with the General Rules of Interpretation (GRIs). Under GRI 1, merchandise is classifiable according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.

In interpreting the headings and subheadings, CBP looks to the Harmonized Commodity Description and Coding System Explanatory Notes (EN). Although not legally binding, they provide a commentary on the scope of each heading of the HTSUSA. It is CBP’s practice to follow, whenever possible, the terms of the ENs when interpreting the HTSUSA. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The HTSUSA provisions under consideration are as follows:

6701 Skins and other parts of birds with their feathers or down, feathers, parts of feathers, down and articles thereof (other than goods of heading 0505 and worked quills and scrapes):

6701.00.3000 Articles of feathers or down

9603 Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees):


9603.90.4000 Feather dusters

At issue is the classification of the feather “duster” tickler in an incomplete sensual travel kit. NY J89913 classified the article as a “feather duster” in subheading 9603.90.4000, HTSUSA. However, EN 96.03 (D) describes “Feather dusters” as consisting “of a bundle of feathers mounted on a handle and are used for dusting furniture, shelves, shop windows, etc.” The instant feather article is not used for “dusting”. The instant feather article is used to “tickle” the body. Therefore, because the EN includes only articles used for cleaning purposes, we find that subheading 9603.90.4000, HTSUSA, is not appropriate. The feather tickler is more properly classified in subheading 6701.00.3000, HTSUSA, as an article of feathers or down.


In accordance with the above discussion, the feather “duster” tickler is classified under subheading 6701.00.3000, HTSUSA, as skins and other parts of birds with their feathers or down, feathers, parts of feathers, down and articles thereof (other than goods of heading 0505 and worked quills and scrapes); articles of feathers or down. The 2004 column one, general rate of duty is 4.7% ad valorum. 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 the World Wide Web at www.usitc.gov.


NY J89913 dated November 19, 2003, is modified as to the classification under the HTSUSA of the feather “duster” tickler. In accordance with 19 U.S.C. §1625(c), this ruling will become effective sixty (60) days after publication in the Customs Bulletin.


Myles B. Harmon, Director
Commercial Rulings Division

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