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NY K83198




February 17, 2004
CLA-2-96:RR:NC:SP:233 K83198

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.90.8050

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

RE: The tariff classification of a cap and dauber and a dauber from China.

Dear Mr. Robbins:

In your letter dated January 30, 2004, you requested a tariff classification ruling.

The merchandise to be imported consists of two items. The first item is a steel screw on cap that has a plastic liner, attached to the underside of which is a steel wire measuring 5” in length. Attached to the end of the wire is polyester ball material. The second item is a steel wire measuring 4 ½” in length with a wool ball material at the end of it. These items are called a cap and dauber, and dauber respectively. The textile ball on each dauber is a “fuzzy” material. The cap and dauber is used in the following manner: It is placed into a container, and or a bottle. The cap and dauber is placed into the container or bottle with the material end first. The cap is then screwed onto the container or bottle. Inside the container or bottle will be liquid materials that can be saturated by the polyester material, and can be taken from the container or bottle and be applied to various surfaces, such as pipes, plastic and the like. The cap and dauber is then returned to the container or bottle and screwed back into place on the screw thread on the container or bottle until further needed. The dauber without the cap is used for hand held operations with cement and other various products. It is not, and cannot be screwed onto a container or bottle. The steel wire acts as the handle. Generally, after the first use it is discarded.

The applicable subheading for the cap and dauber and dauber 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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