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March 24, 1999

CLA-2-85:RR:NC:1:112 D88729

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Rafael Suazo
New York International Company
1821 University Avenue
Bronx, NY 10457

RE: The tariff classification of an electronic muscle stimulator. The country of origin is not stated.

Dear Mr. Suazo:

In your letter dated February 22, 1999 you requested a tariff classification ruling.

As indicated by the submitted sample, the muscle stimulator, identified as the “Esbeltronic”, is a battery operated device which consists of a carrying case with built in electronic controls and electrodes for attachment to the body. It is stated that this device will exercise various body muscles through electric stimulation.

The applicable subheading for the “Esbeltronic” muscle stimulator will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric machines or apparatus, , not specified or included elsewhere in Chapter 85, HTS. The general rate of duty will be 2.6 percent ad valorem.

We note that the submitted sample does not contain any country of origin marking. Please note that, in accordance with Part 134, Customs Regulations, all articles imported into the United States must be marked with the country of origin in a legible manner and in a conspicuous place.

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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,

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