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NY C88699
     June 29, 1998
CLA-2-32:RR:NC:2:236 C88699
CATEGORY: Classification
Tariff No.3212.90.0050
Ms. Glyn Maynard
GM Enterprises, Inc.

P.O. Box 450148
Sunrise, FL 33345
RE: The tariff classification of DYEWitness TM Criminal Identifier from China
Dear Ms. Maynard:

     In your letter dated June 2, 1998, you requested a tariff classification ruling.

     The sample submitted, DYEWitness TM Criminal Identifier, is a black pressurized canister containing green foaming dye. The head of the base has a nozzle with a green trigger and safety pin attached. The exterior of the canister has the product name with warning markings and weight of the product, 50g. Also, include in the retail box is an instruction card and a list of various safety tips. In your literatures, you indicates that this product could be use to spray on the face of an attacker, and will leave a green strain that will last up to seven day.
     The applicable subheading for DYEWitness TM Criminal Identifier will be 3212.90.0050, Harmonized Schedule of the United States, which provides for Pigments (including metallic powders and flakes) dispersed in nonaqueous media, in liquid or paste form, of a kind used in the manufacture of paints ( including enamels); stamping foils; dyes and other coloring matter put up in forms or packings for retail sale: Other. The general rate of duty will be 3.1 percent 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 V. Gualario at 212-466-5744.

                              Robert B. Swierupski
                              National Commodity
                              Specialist Division

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