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NY N008728




April 6, 2007

CLA-2-85:RR:NC:N1:113

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.5095

Mr. Stephen J. Leahy
Attorney At Law
175 Derby Street - Suite 9
Hingham, MA 02043

RE: The tariff classification of an electric hairbrush from China.

Dear Mr. Leahy:

In your letter dated March 19, 2007, on behalf of Conopco D/B/A Unilever, you requested a tariff classification ruling.

The merchandise is described in your letter as a battery-operated, vibrating hairbrush. You indicated that at the moment there is no trade name for this product. The electric hairbrush is approximately the same size as a normal hairbrush. It weighs between 200 and 250 grams. The vibrating hairbrush has a self-contained electric motor.

You propose classification of the electric hairbrush in heading 9603, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brooms, brushes, hand-operated mechanical floor-sweepers, not motorized. However, you indicated in your letter that the vibrating hairbrush has a self-contained electric motor. Therefore, the electric hairbrush cannot be classified in heading 9603, HTSUS, because it is motorized.

The applicable subheading for the electric hairbrush will be 8509.80.5095, HTSUS, which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, other appliances, other, other. The rate of duty will be 4.2 percent ad valorem.

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 on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Ann Taub at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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