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NY 804899




January 24, 1995

CLA-2-32:S:N:N7:239 804899

CATEGORY: CLASSIFICATION

TARIFF NO.: 3204.12.5000

Mr. Par Hedman
Bonaparate Inc.
4640 Jewell St., Suite 220W
San Diego, CA 92109

RE: The tariff classification of ZUM Turvasuihke from Finland.

Dear Mr. Hedman:

In your letter dated November 28, 1994 you requested a tariff classification ruling for ZUM Turvasuihke which is a 65 ml spray can of waterbased foodstuff coloring propelled by propane/butane. It contains an aqueous solution of approximately .96 percent coloring matter (C.I. acid red 51, CAS 16423-68-0). You have stated that the principal use of the product is self defense in that the spray blinds the attacker without the risk of injury.

The applicable subheading will be 3204.12.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to this chapter based on synthetic organic coloring matter; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined: acid dyes: other. The rate of duty will be 18.6 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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