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NY N024536




March 28, 2008

CLA-2-96:OT:RR:E:NC:SP:233

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.90.8050

Mr. Kembrough Williams
Char-Broil
1442 Belfast Avenue
Columbus, GA 31904

RE: The tariff classification of a grill cleaning kit from China.

Dear Mr. Williams:

In your letter dated March 11, 2008, you requested a tariff classification ruling.

Item number 3450054 is referred to as the “Premium Tune-Up Kit.” The kit consists of five articles to be used for cleaning and maintenance of barbeque grills. Item number 3497967 is a rubber glove and item number 3497966 is a microfiber cloth measuring 9 inches by 9 inches and made of 70% polyester and 30% polyamide. Item number 3497967 is a tube cleanout brush consisting of a polypropylene handle, wire spring and nylon fiber. Item number 3497968, a grill brush, and item number 3497969, a small wire brush, both consist of a polypropylene handle and stainless steel bristles. These items will be shipped and sold together.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article.

Based on the information that has been submitted, it is determined that the grill cleaning kit constitutes a set and that the brushes impart the essential character to this set.

The applicable subheading for the grill cleaning kit will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Brooms, brushesOther: Other, other." The rate of duty will be 2.8% 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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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