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NY B86854

June 30, 1997

CLA-2-30:RR:NC:2:238 B86854


TARIFF NO.: 3005.90.5090

Mr. Edward J. Murray
Paris Presents Incorporated
3800 Swanson Court
Gurnee, IL 60031-1261

RE: The tariff classification of a Sinus Relief Mask from China

Dear Mr. Murray:

In your letter dated May 22, 1997, you requested a tariff classification ruling.

The submitted samples, described as Sinus Relief Masks, consist of mask-shaped, sealed textile pouches, with a permanently attached, adjustable Velcro strap. The pouch is worn, mask-like, over the eyes, and secured around the head by the Velcro strap. One of the samples is filled with rice (182 grams), while the other is filled with flax seeds (156 grams). Both masks contain lavender (2 grams) for fragrance. You indicate that, as imported, the lavender content may be increased to 20 grams, and that 10 grams of eucalyptus may also be added to enhance the fragrance. You also indicate that each mask will be imported in a pouch containing a header card. The header card submitted with the samples states that the mask may be used hot or cold to help relieve sinus and headache pain.

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 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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