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NY B82150

February 18, 1997

CLA-2-30:RR:NC:2:238 B82150


TARIFF NO.: 3005.90.5090

Mr. Roger Duffield
Soberton Health Products
Soberton Mill, Swanmore, Hampshire S032 2QF, England

RE: The tariff classification of Odd-pod Therapeutic Pad from the United Kingdom

Dear Duffield:

In your letter dated February 11, 1997, you requested a tariff classification ruling.

The submitted sample, designated as Odd-pod , consists of a sack, constructed of woven fabric, which, you state, is filled with (inter alia) wheat and lavender. The sack, in turn, is housed in a removable, washable, velvet-like pouch, which is constructed from knit fabric. You indicate in your letter that the article is used to relieve muscular and arthritic pains. According to the written instructions printed on the retail packaging material (supplied with the sample), the pad is either placed in a microwave oven, or in the freezer, prior to use as a hot or cold compress on the affected area of the body.

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 rate of duty will be free.

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 merchandise may be also be subject to the regulations of the Animal and Plant Health Inspection Service (Plant Protection and Quarantine Division) of the U.S. Department of Agriculture. You may contact them at 4700 River Road Unit 139, Riverdale, MD 20737-1236, telephone number (301) 734-6799.

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.


Gwenn Klein Kirschner

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