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NY I85427




August 20, 2002

CLA-2-96:RR:NC:SP:233 I85427

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.50.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a gutter broom brush from China.

Dear Mr. Hoffacker:

In your letter dated August 15, 2002, on behalf of Keystone Plastics, Inc., you requested a tariff classification ruling.

The submitted sample is a gutter broom brush used on street sweeping machines to clean curbs. The item consists of a molded plastic block made in the United States which is shipped to China where metal wire bristles made in China are assembled to the block.

Your sample is being returned as requested.

The applicable subheading for the gutter broom brush will be 9603.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for brooms, brushesother brushes constituting parts of machines, appliances or vehicles. The rate of duty will be free.

You have also inquired as to the country of origin of the gutter broom brush. 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.

The “country of origin” is defined in 19 CFR 134.1(b) as “the country of manufacture, production, or growth of any article of foreign origin entering the United States. 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 the meaning of this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin.” For tariff purposes, the courts have held that a substantial transformation occurs if a new and different article emerges having a distinctive name, character or use. AnheuserBusch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982).

In this case, the assembly process in China results in a substantial transformation. The assembled gutter broom brush has a distinctive name, character or use different from the U.S.-origin plastic block and therefore is a good of China for marking purposes. Accordingly, it will be required to be marked with the country of origin pursuant to 19 U.S.C. 1304 when imported into the United States.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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