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NY N016681

September 14, 2007



TARIFF NO.: 9603.90.8050

Yvonne M. Whitley
The Millwork Trading Company
1359 Broadway 21st Floor
New York, NY 10018

RE: The tariff classification of a Total Cleaning System from China.

Dear Ms. Whitley:

In your letter dated September 4, 2007 you requested a tariff classification ruling.

Style number A340197 is an eight piece cleaning system comprised of the following items:

-- Floss squeegee composed of plastic and polyester micro fiber. -- Streak-free squeegee composed of plastic and aluminum. -- Corner brush, of plastic.
-- Scrub wet/dry rubber broom made of plastic and rubber. -- Extension pole made of plastic and aluminum. -- Micro fiber swivel sweeper made of plastic and polyester micro fiber. -- Fluffy duster made of plastic and polyester micro fiber. -- Replacement fluffy duster head made of plastic and polyester micro- fiber.

These eight pieces will be packaged together and sold as the “Total Cleaning System” for household maintenance. The sample which you submitted is being returned as requested.

. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States Annotated (HTS) at the international level, state in Note X to Rule 3(b) that the term "goods put up in sets for retail sale" means goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.

It is the opinion of this office that the Total Cleaning System is a set for tariff purposes.

(b) Mixtures, composite goods consisting of different materials or made up of different components which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. In general, essential character has been construed to mean the attribute which strongly marks or serves to distinguish what an article is, that which is indispensable to the structure, core, or condition of the article. In addition, EN VIII to GRI 3(b), at page 4, provides further factors which help determine the essential character of goods. It reads, as follows:

(VIII) The factor which determines essential character will vary as between different kinds of goods. It may, for example be determined by the nature of the materials or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.

On examining the Total Cleaning System and with reference to the illustration on the package, it is the scrub-dry rubber broom which imparts the essential character of the set. The applicable subheading for the Total Cleaning System will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “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): Other: Other, Other.” The rate of duty will be 2.8% 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/.

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.


Robert B. Swierupski

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