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NY B80249

December 23, 1996

CLA-2-30:RR:NC:2:238 B80249


TARIFF NO.: 3005.90.5090

Mr. Martin W. Bloch
Fritz Companies, Inc.
28265 Beverly Road
Romulus, MI 48174

RE: The tariff classification of Thera P Arthritis Mitt & Ice Cold/Moist Heat Gel Pak System from Canada

Dear Mr. Bloch:

In your letter dated December 9, 1996, on behalf of your client, Camp International, you requested a tariff classification ruling.

The subject product, Thera P Arthritis Mitt & Ice Cold/Moist Heat Gel Pak System, applies cold/hot compression treatment to help relieve arthritic pain and swelling. The submitted sample consists of a mitt, constructed from knit, terry fabric, with a Velcro strap closure at the wrist. A mesh lining, which forms three compartments, is permanently sewn into the inside of the mitt. The mitt is supplied with two, hot/cold gel paks. The hand is inserted into the middle compartment, and the gel paks, after freezing or microwaving, are inserted into the remaining two "outer" compartments to provide simultaneous treatment on both sides of the hand. The product is put up for retail sale in a transparent plastic container.

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), 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 general rate of duty will be free, which will remain the same in 1997.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. 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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