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NY A83830

May 31, 1996
CLA-2-30:RR:NC:FC:238 A83830


TARIFF NO.: 3005.90.5090

Mr. John Sveum
Tower Group International, Inc.
P.O. Box 269
Sweetgrass, MT 59484

RE: The tariff classification of "PitPacs" Hot & Cold Comfort Pacs, from Canada

Dear Mr. Sveum:

In your letter dated May 13, 1996, on behalf of your client, The Cherry Tree Ltd., you requested a tariff classification ruling.

The submitted sample, designated as "PitPac", consists of a 9" x 9" cloth bag, constructed from 100% cotton fabric, into which are sewn washed-and-dried cherry pits. According to the descriptive literature supplied, the subject product has many health care applications, and, upon heating in a microwave oven, standard oven or double boiler, or placing in a freezer (for use as a cold compress), can be used to reduce muscle tension, aches and pains, ease arthritic conditions, migraine headaches, toothaches, etc. The descriptive literature also indicates that this product comes in a 4.5" x 18" size.

The applicable subheading for the subject product will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), ... put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Other: Other: Other." The general rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 C. Reilly at 212-466-5770.


Roger J. Silvestri

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