Mr. Terry Douglas
Kwick Clean and Green® Ltd.
#309, 13395 – 76th Ave.,
Surrey, B.C. Canada
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of the Enviro Brush® and polyester bristle pack refills from Canada; Article 509
Dear Mr. Douglas:
In your letter dated April 4, 2002, you requested a ruling on the status of brushes and bristle pack refills from Canada under the NAFTA.
You have submitted the following Enviro Brush® samples:
Complete Basting Brush Package is a basting brush for barbecue and kitchen consisting of a plastic handle with polyester bristles. The handle is made and the packaging is done in Canada. The bristle pack and a bonus polyester bristle pack refill are made in China. The item is marked “Made in Canada.”
1.75” ‘2 in 1’ Paint Brush Package (World’s 1st Enviro Friendly Paint Brush) consists of a plastic handle which is made in Canada, with 2 bristle pack refills which are made in China. The item is marked “Bristle Packs Made in China” “Fandles Made in Canada.”
Complete Paint Brush (with U-Build-A-Brush or Quick & Easy Clean Identification). These come with the bristle in the tool (flap, ferrule and handle). Everything but the bristle is manufactured in Canada. The bristle is made in China. The brushes are marked “Bristle Packs Made in China” “Fandles Made in Canada.”
Super-Bristle Refill is imported from China and inserted in packaging that is made in Canada. The item is marked “Made in China.”
Polyester Refill is imported from China and inserted in packaging that is made in Canada. The item is marked “Made in China.”
The applicable tariff provision for the Complete Basting Brush Package will be 9603.90.8050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other brushes. The general rate of duty will be 2.8% ad valorem.
The applicable subheading for the 1.75” ‘2 in 1’ Paint Brush Package, the Complete Paint Brush, the Super-Bristle Refill, and the Polyester Refill will be 9603.40.4060, HTSUSA, which provides for paint, distemper, varnish or similar brushes…other. The general rate of duty will be 4% ad valorem.
The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/96.1, HTSUSA.
You have also requested a ruling on the country of origin marking requirements for each type of brush with bristles and bristles shipped alone.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.
Section 134.1(b) of the regulations, defines “country of origin” as
the country of manufacture, production, or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. (Emphasis added).
Section 134.1(j) of the regulations, provides that the “NAFTA Marking Rules” are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the regulations, defines a “good of a NAFTA country” as an article for which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the regulations, provides that a “good of a NAFTA country” may be marked with the name of the country of origin in English, French or Spanish.
You state that the imported brushes with bristles are processed in a NAFTA country “Canada” prior to being imported into the U.S. Since “Canada” is defined under 19 CFR 134.1(g), as a NAFTA country, we must first apply the NAFTA Marking Rules in order to determine whether the imported brushes with bristles is a “good of a NAFTA country,” and thus subject to the NAFTA marking requirements.
Part 102 of the regulations, sets forth the “NAFTA Marking Rules” for purposes of determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 of the regulations, sets forth the required hierarchy for determining country of origin for marking purposes.
Applying the NAFTA Marking Rules set forth in Part 102 of the regulations to the facts of this case, we find that the imported brushes with bristles are goods of China for marking purposes.
The marking of the imported brushes with bristles and bristle packs, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking, with the exception of the Complete Basting Brush Package. Since the bristle packs are made in China, the marking must indicate such.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).
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.
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.
Robert B. Swierupski