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December 15, 1998

CLA-2-90:TC:MLL:A15 D85606

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2040

Mr. Bradley M. Menard
Liaison Manager
Fritz Starber Inc.
410 St. Nicolas
Bureau 300
Montreal, Quebec
Canada H2Y 2P5

RE: The tariff classification of a hydro massage apparatus from Germany.

Dear Mr. Menard:

In your letter dated December 2, 1998 on behalf of Bouvier Hydro Inc., you requested a tariff classification ruling.

The submitted literature describes the “Vichy Shower”, a hydro massage apparatus. This apparatus is used to produce a heated spray of water from 5 micro jets on a horizontal bar. The bar is suspended over a user lying on his back or on his stomach. The water temperature is adjustable from 37 degrees centigrade up to 40 degrees centigrade. Water pressure from the jets can vary from a rain like spray to needle like rain. The literature suggests its use as an adjunct to manual massage.

The applicable subheading for the Vichy Shower will be 9019.10.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for Mechano-therapy appliances; massage apparatus;... : Mechano-therapy appliances; massage apparatus;... : Mechano-therapy appliances and massage apparatus: Electrically operated: Other. The rate of duty will be 0.8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Robert M. Jacksta

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