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February 11, 1999

CLA-2-96:RR:NC:SP:233 D87091

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.40.4060

Mr. Marc A. Giannini
Great Lakes Customs Brokerage, Inc.
85 River Rock Drive, Suite 202
Buffalo, NY 14207

RE: The tariff classification of a foam brush from China.

Dear Mr. Giannini:

In your letter dated February 5, 1999, on behalf of Paint Sundry Products, you requested a tariff classification ruling.

The submitted sample is a foam brush, or foam paint applicator. It is comprised of a foam head measuring 3" in width, 2" in length and 1/2" in thickness, mounted on a plastic handle. The brush measures 7" in overall length.

The applicable subheading for the foam brush will be 9603.40.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for paint, distemper, varnish or similar brushes (other than brushes of subheading 9603.30); paint pads and rollers: other, other. The rate of duty will be 4% ad valorem.

The foam brush is not subject to antidumping duties.

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 212-637-7061.

Sincerely,

Robert B. Swierupski

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