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NY K83409

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February 27, 2004
CLA-2-96:RR:NC:SP:233 K83409

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4090; 9603.29.8090

Mr. Charles Santarelli
Mersant International Ltd.
158-12 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of a mascara brush from Germany.

Dear Mr. Santarelli:

In your letter dated February 19, 2004, on behalf of Geka-Toly USA Corp., you requested a tariff classification ruling.

The submitted sample is a plastic mascara brush, Style 1001. The brush measures 4 ½” in length. The handle of the brush is a cap that will be screwed into a tube container. The brush is used for the application of mascara to the eyelashes.

Your sample is being returned as requested.

The applicable subheading for the mascara brush, if valued not over 40 cents each, will be 9603.29.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued not over 40 cents each, Other.” The rate of duty will be 0.2 cents each plus 7% ad valorem.

The applicable subheading for the mascara brush, if valued over 40 cents each, will be 9603.29.8090, HTS, which provides for “Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Valued over 40 cents each, Other.” The rate of duty will be 0.3 cents each plus 3.6% 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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See also:

• Tariff No.: 9603.29.40 - Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes (o/than tooth brushes), valued n/o 40 cents each
• Tariff No.: 9603.29.80 - Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes (o/than tooth brushes), valued o/40 cents each