CLA-2-96:OT:RR:NC:N4:415
Amanda Ribstein
Kuehne-Nagel, Inc.
4100 North Commerce Drive
East Point, GA 30344
RE: The tariff classification of floor mounted brush systems from Germany.
Dear Ms. Ribstein:
In your letter dated May 28, 2025, you requested a tariff classification ruling on behalf of your client, Heute,
Inc.
Images with product descriptions were provided in lieu of samples.
The products under consideration are described as the ProfilGate® “dry” and the ProfilGate® “aqua.” They
are industrial ground-level brush systems designed to remove dirt and debris from beneath tires, shoes, and
other surfaces at entrances and passages in industrial and logistics facilities. They consist of metal grates and
brush strips, with the brushes cleaning these surfaces as they move over the grates. The debris then falls
between the grate openings and into a collection tray located beneath the brushes. The wet version, “aqua,”
differs from the “dry” model as it features brushes that are submerged into a tray of disinfecting cleaning
solution. The moistened brushes clean off dirt, debris, and microbial contaminants. You indicate it will be
imported without the cleaning solution. Both “dry” and “wet” versions are customizable to a customer’s size
requirements.
We note that they are not designed to be used with any particular machine and do not require power. Further,
we hold the opinion that the brushes impart the essential character to both ProfilGate® systems, General Rule
of Interpretation 3(b) noted.
The applicable subheading for the ProfilGate® “dry” and “aqua” will be 9603.90.8050, 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): [o]ther: [o]ther: [o]ther.” The column one, general rate of
duty is 2.8% ad valorem.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e., 9903.01.25, in addition to subheading
9603.90.8050, HTSUS, listed above.
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/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the CBP 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, please contact
National Import Specialist Kristopher Burton at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division