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NY K81095




November 19, 2003
CLA-2-96:RR:NC:SP:233 K81095

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.90.8050

Mr. Gerald G. Robbins
Applicator International
235 Big Ridge Drive
East Stroudsburg, PA 18301-9379

RE: The tariff classification of applicator brushes from China.

Dear Mr. Robbins:

In your letter dated November 11, 2003, you requested a tariff classification ruling.

You have submitted three applicator brushes as follows:

The first item is a 38mm plastic closure (screw on cap), unlined with a plastic tube (either polypropylene or polyethylene material) inserted into the well. The plastic tube has a metal staple, which secures horsehair bristles inside of the plastic tube. The brush and closure assembly will be placed into a container or bottle with the brush end first. The cap is screwed onto the container or bottle. Inside of the container or bottle will be liquid or paste like materials. The brush is used to apply the materials. The bristles will also be made of other materials such as polypropylene and nylon.

The second item is a 28mm plastic closure (screw on cap) that has a liner seated into the bottom of the closure with a plastic tube inserted into the well. The plastic tube (either polypropylene or polyethylene material) has a metal staple, which secures horsehair bristles inside of the plastic tube. The brush and closure assembly will be placed into a container or bottle with the brush end first. The cap is screwed onto the container or bottle. Inside of the container or bottle will be liquid or paste like materials. The brush is used to apply the materials.

The third item is a brush only. It is a plastic tube (either polypropylene or polyethylene material) with a metal staple which secures horsehair bristles inside of the plastic tube. These brushes will be used as hand-held brushes. They will not need a closure to be inserted into. They will be also be made of other materials such as polypropylene and nylon. The brushes are used for many different purposes and can be discarded after use.

The applicable subheading for the applicator brushes will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Brooms, brushesOther.” The rate of duty will be 2.8% ad valorem.

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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