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NY B82224

February 25, 1997

CLA-2-96:RR:NC:SP:233 B82224


TARIFF NO.: 9603.30.6000

Ms. Laura Deniz
Evans and Wood & Co., Inc.
P.O. Box 610005
Dallas/Fort Worth Airport, TX 75261

RE: The tariff classification of artists' brushes from China.

Dear Ms. Deniz:

In your letter dated February 14, 1997, on behalf of Hobby Lobby Stores, Inc., you requested a tariff classification ruling.

You have submitted the following samples with your request: 1. Item #LCB - large brush
2. Item #JCB - jumbo chubby brush
3. Item #MCB - medium brush
4. Item #SMCB - set of 3 brushes-large, medium and small

The brushes are designed for children's use. The handles are plastic and shaped for a child to hold with ease. They are in primary colors red, green, blue and yellow. The bristles are pig hair. The brushes measure between 6" to 7 1/2" in overall length and are blister packaged on display cards which read "Primary Tools". We assume the brushes are valued over 10 cents each.

Your samples are being returned as requested.

The applicable subheading for the artists' brushes will be 9603.30.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for artists' brushes ... valued over 10 cents each. The rate of duty will be 1.2 percent ad valorem.

You have inquired whether the marking of the items is acceptable for country of origin marking requirements. We note that "Made in China" is printed at the top of the display cards. This marking is acceptable.

You have also inquired as to whether the brushes fall within the scope of antidumping. The Customs Service does not have the authority to rule on the applicability of antidumping or countervailing (AD/CVD) duties for this merchandise. The Department of Commerce has jurisdiction over such matters and, therefore, is the appropriate forum to address the AD/CVD issue. For information, please contact the U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230.

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.


Gwenn Klein Kirschner

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