CLA-2-96:OT:RR:NC:N4:433

Kenneth Carmon
President, Bay Brokerage, Inc.
44951 County Route 191
P.O. Box 293
Wellesley Island, NY 13640

RE: The tariff classification of natural bristle brushes from China.

Dear Mr. Carmon:

In your letter dated October 14 2009, on behalf of Lee Valley Tools Ltd., you requested a tariff classification ruling. The samples you submitted will be retained by this office.

Samples have been provided for natural bristle paint brushes in five sizes. All sizes feature natural bristles attached to a wooden handle. Style number 09A0270 [Conical] is 11.75 inches long with a 0.5 inch diameter. Style number 09A0254 [Fan] is 5 inches long and 2.5 inches wide. Style number 09A0253 [Fan] is 5 inches long and 2 inches wide. Style number 09A0252 [Fan] is 4.25 inches long and 1.5 inches wide. Style number 09A0251 [Fan] is 4 inches long and 1.0 inches wide.

The applicable subheading for the natural bristle brushes will be 9603.40.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Brooms, brushes…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.

The merchandise in question may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. 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.

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 Neil H. Levy at (646) 733-3036.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division