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NY 816853

December 13, 1995

CLA-2-30:RR:NC:FC:238 816853


TARIFF NO.: 3005.90.5090

Mr. P. Godfrey
Atlas Freight Services Limited
41 High Street
Kent BR8 8AE
United Kingdom

RE: The tariff classification of "HEAT PACK" from South Africa

Dear Mr. Godfrey:

In your letter dated November 10, 1995, on behalf of your client, Belco Agencies, you requested a tariff classification ruling.

The subject product, referred to as "HEAT PACK", is a re-usable heat pad which is principally used for the relief of aches, strains and muscle injuries. The product comes in a variety of shapes and sizes, depending on the particular area of the body to which it will be applied. According to the descriptive literature, the product is comprised of a flexible plastic container containing a supercooled, aqueous solution of sodium acetate, as well as a "trigger" or activator button located in the solution. Clicking the activator button initiates exothermic crystallization of the salt in the solution, resulting in the generation of heat. A material bag, which is used to hold the heat pack when placed in boiling water in order to initiate its re-use, is supplied with the heat pack. The product is put up in forms or packings for retail sale.

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 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 Section 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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