CLA-2-96:OT:RR:NC:N4:415

Mr. Diego Chavez Garcia
LIF Limpieza y Frescura SA de CV
Av Patria 1201
Zapopan, JA 45110
Mexico

RE: The tariff classification of a chewable oral brush from Mexico.

Dear Mr. Chavez Garcia:

In your letter dated June 6, 2022, you requested a tariff classification ruling.

A sample was submitted and will be retained as requested.

The product under consideration is described as a chewable oral brush. It is constructed from injection molded plastic in a triangular shape with bristles along each of the three sides. The brush is impregnated with a solution to aid in this article’s intended function of freshening the user’s breath. The provided sample was in what appears to be retail packaging and contained 30 individual brushes. This office holds the opinion that the brush component would impart the essential character over the solution, General Rule of Interpretation 3(b) noted. Further, we agree with your proposed classification as this will act as a brush designed to clean the teeth. The applicable classification for this chewable oral brush will be 9603.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[b]rooms, 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): [t]oothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: [t]oothbrushes, including dental-plate brushes.” The general rate is Free.

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 at https://hts.usitc.gov/current.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kristopher Burton at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division