CLA-2-96:OT:RR:NC:N4:415
M. Jason Cunningham
Sonnenberg & Cunningham, PA
780 Fifth Avenue South, Suite 200
Naples, FL 34102
RE: The classification, marking, and country of origin of two dryer vent cleaning kits from Vietnam.
Dear Mr. Cunningham:
In your letter dated July 22, 2025, you requested a classification, marking, and country of origin ruling on
behalf of your client, Great Star Tools.
There are two products under consideration with both being dryer vent cleaning kits consisting of items from
Vietnam and China. Your submission indicates that neither of these two cleaning kits are imported with
drills, vacuums, or any parts, other than those listed below. Further, all the parts within these kits are
designed to work together to clean lint from dryer vents.
The first kit consists of the following items:
One 4-inch self-feeding auger brush with plastic bristles
One 2.5-inch diameter lint brush with plastic bristles
Two plastic 18-inch rods with threaded metal ends
One hex key
Two M4 screws
The two brushes are made in Vietnam, and the other components are sourced from China. The user may
connect the rods together, if full length is needed, then attached the auger brush to the rod using the screws
and hex key. The brush is then pushed into the dryer vent and turned either manually (by hand) or by
attaching the rod to a drill. The auger brush is then pulled out of the dryer vent. The auger brush is removed
from the rod and replaced with the lint brush. The lint brush is then pushed into the dryer vent and turned
either manually or by attaching the rod to a drill. These steps may be repeated until the user determines the
vent is sufficiently clean.
The second kit consists of the following items:
One 4-inch self-feeding auger brush with plastic bristles
One 2.5-inch diameter lint brush with plastic bristles
Four plastic 36-inch rods with threaded metal ends
One round, plastic dryer adapter
One round, plastic vacuum adapter
One small, metal “C” shaped “blockage removal tool”
One metal drill adapter
One 5/16-inch hex nut
One hex key
Two M4 screws
The two brushes are made in Vietnam, and the other components are sourced from China. This set can clean
longer vents than the first set but is used similarly. The auger brush is attached to one or more rods, and the
drill adapter is attached to the other end of the rod(s) allowing it to be used with a drill. The auger brush is
pushed through the vent while turning with the drill and then pulled out. Optionally, when cleaning the vent
from the inside of a house, the rod and auger brush are passed through the smaller of the two holes in the
plastic vacuum adapter, while a vacuum hose is attached to the larger hole. This allows the adapter to form a
seal with the vent hole in the wall so that the lint loosened by the spinning auger is suctioned into the vacuum
while the cleaning is being performed. Then the auger brush is removed from the rod(s) and the lint brush is
attached to perform the same cleaning steps. This is repeated until the user determines the vent is sufficiently
clean.
We agree that both cleaning kits would be considered sets for classification purposes, and it would be the
brush components of heading 9603 that impart the essential character to them, General Rule of Interpretation
3 (b) noted.
The applicable subheading for these two dryer vent cleaning kits 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 of Vietnam will be
assessed an additional ad valorem rate of duty of 20 percent. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e., 9903.02.69, in addition to subheading
9603.90.8050, HTSUS, listed above.
Your request did not indicate if these components included aluminum, so please note that on March 12, 2025,
Presidential proclamation 10895 imposed additional tariffs on certain derivative aluminum products.
Additional duties for derivative aluminum products of 50 percent are reflected in Chapter 99, headings
9903.85.04 and 9903.85.07. Products provided by heading 9903.85.08 will be subject to a duty of 50 percent
upon the value of the aluminum content. If these kits include derivative aluminum products, at the time of
entry, you must report the Chapter 99 heading applicable to your product classification, i.e., 9903.85.08, in
addition to subheading 9603.90.8050, HTSUS. Derivative aluminum articles processed in another country
from aluminum articles that were smelted and cast in the United States, provided for in heading 9903.85.09,
are not subject to the additional ad valorem duties.
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.
When determining the country of origin, the substantial transformation analysis is applicable. See, e.g.,
Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. The test for determining whether a
substantial transformation will occur is whether an article emerges from a process with a new name,
character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc.
v. United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence.
See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993).
In order to determine whether a substantial transformation occurs when components are assembled into
completed products, all factors such as the components used to create the product and manufacturing
processes that these components undergo are considered in order to determine whether a product with a new
name, character, and use has been produced. No one factor is decisive, and assembly/manufacturing
operations that are minimal will generally not result in a substantial transformation.
As these two kits are considered sets, we hold the opinion that the country of origin for both would be
provided by the source country for the vent brushes, which is Vietnam. Therefore, the country of origin for
these two dryer vent cleaning kits would be Vietnam.
The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 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.
As provided in 19 CFR 134.41(b), the country-of-origin marking is considered conspicuous if the ultimate
purchaser in the U.S. can find the marking easily and read it without strain.
Regarding the permanency of a marking, 19 CFR 134.41(a) provides that, as a general rule, marking
requirements are best met by marking worked into the article at the time of manufacture. For example, it is
suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, 19 CFR
134.44 generally provides that any marking that is sufficiently permanent so that it will remain on the article
until it reaches the ultimate purchaser, unless deliberately removed, is acceptable.
As to the marking of these two kits, we look to the Treasury Decision (T.D.) 91-7, published in Volume 25,
Customs Bulletin and Decisions, at 6 (January 16, 1991), which addressed, among other things, the
application of country of origin marking requirements to sets. It was stated therein, at 16:
… in most cases, the mere inclusion of an item in a collection will not substantially transform it into
an article with a new name, character or use and, therefore, each item must be separately marked with
its own country of origin. (Where the marking of the container will reasonably indicate the country of
origin to the ultimate purchaser, the container may be marked instead of the individual articles. See 19
U.S.C. 1304(a)(3)(D) and 19 CFR 134.32(d)). This result is consistent with the purpose of the
marking statute since the ultimate purchaser’s decision as to whether to buy the set might be
influenced by the country of origin of any of the items in the set, whether or not an item gives the set
its essential character.
As these dryer vent cleaning kits contain products sourced from two countries that have not been
substantially transformed in Vietnam, you will need to mark the packaging to indicate each component’s
specific country of origin.
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)
James Forkan
Acting Director
National Commodity Specialist Division