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NY D85585




December 17, 1998

CLA-2-96:RR:NC:SP:233 D85585

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.40.4060

Mr. Sidney Zichlin
Linzer Products Corp.
133-30 37th Ave.
Flushing, NY 11354

RE: The tariff classification of a painter's mitt from China.

Dear Mr. Zichlin:

In your letter dated November 5, 1998, you requested a tariff classification ruling.

The submitted sample, a painter's mitt, is a device used for painting railings, pipes, ornamental iron, etc.. The mitt can also be used as a wash mitt for cleaning cars, boats, etc. The article, which measures approximately 10" x 5" and approximately 8" across the thumb portion, is shaped in the form of a "mitten" or "mitt" and is constructed of 90% polyester fiber and 10% acrylic pile with a plastic lining.

The applicable subheading for the painter's mitt will be 9603.40.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for ...brushes... paint, distemper, varnish or similar brushes... other, other. The rate of duty will be 4% ad valorem. In 1999 the rate of duty will remain unchanged.

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 212-466-5739.

Sincerely,

Robert B. Swierupski

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