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NY H86216




January 9, 2002

CLA-2-85:RR:NC:N1:113 H86216

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.80.0095

Ms. Barbara Y. Wierbicki
Tomkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a bath brush from China

Dear Ms. Wierbicki:

In your letter dated December 13, 2001, on behalf of Avon Products, you requested a tariff classification ruling.

The merchandise is a hand-held, battery-powered bath brush. It is composed of a round bristle brush measuring approximately 3 inches in diameter in a rigid molded plastic body with a 10-inch long handle. We note your claim for classification under tariff number 9019 as massage apparatus in which you cite New York ruling A84282. However that item had only two nubs that rubbed the skin. The item presented here has hundreds of bristles that are more appropriate for scrubbing than for massaging.

The applicable subheading for the electric bath brush will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliances, with self-contained electric motor, other appliances, other. The rate of duty will be 4.2 percent ad valorem. The rate remains the same for the year 2002.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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