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NY A84501

June 19, 1996

CLA-2-30:RR:NC:FC:238 A84501


TARIFF NO.: 3005.90.5090

Ms. Kim Young
BDP International Inc.
2721 Walker Rd., N.W.
Grand Rapids, MI 49504

RE: The tariff classification of Relaxing Eye Mask from Taiwan

Dear Ms. Young :

In your letter dated May 31, 1996, on behalf of your client, Meijer, Inc., you requested a tariff classification ruling.

The submitted sample, Relaxing Eye Mask (Item# 586330, Style# 61-BB706A), consists of a face mask which is made of clear plastic. The mask is worn over the eyes and is filled with purple-colored water (due to the presence of a food colorant). It has two oblong eyeholes, and is secured around the head by a permanently attached plastic strap (which is an extension of the mask) that has a buckle. It can be heated in hot water, or chilled in a refrigerator, to relieve stuffed nasal passages, tired or puffy eyes, hangovers, and other head discomforts. The mask is put up in packaging for retail sale. The sample is being returned as requested.

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 ... , impregnated or coated with pharmaceutical substances or 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 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 Cornelius Reilly at 212-466-5770.


Roger J. Silvestri

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