I'm at EF45 not knowing the typical strike quality for this issue and I must say I do enjoy a nice clash.
Calling it scratched is kind of extreme. It circulated, the surfaces are not going to be pristine! EF-45, but TPG will probably go AU-50.
As liberal as the services have been in recent years, I am surprised it didn't make it in an AU holder. How long ago was this graded?
I’m not sure where I read it, but I recall the ribbon being clearly distinct from the lower curl was one key indicator some look to for XF in IHC’s. This one barely squeaks that out despite minimal wear elsewhere (testament to the strong strike?)- that plus the nicks on and around the portrait could take it out of 45 in the eye of the TPG beholder. To me, zooming the coin out to actual size on my phone it looks like it would present in hand at 45. Sweet clashes.
I'm a little late to this thread, but I was going to say 40 myself. The wear on her hair and cheek is too much for an AU. There is no luster showing in your pictures (there may be some in hand), but luster is required for an AU, and there has to be at least some for a 45. I'm guessing between that and the small scratches, it got bumped down to a 40. I wouldn't buy it because the scratches would bother me, but it is overall an attractive coin.