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May 7, 1999

CLA-2-85:RR:NC:1:112 E80712

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Kornelia Knuenz
The Austrian Trade Commission in the U.S. 150 East 52 Street
New York, NY 10022-6017

RE: The tariff classification of an electric footwarmer from Austria

Dear Ms. Knuenz:

In your letter dated April 13, 1999 you requested a tariff classification ruling.

As indicated by the submitted samples, the electric footwarmer, identified as the Therm-IC Footwarmer, is a device that is used inside footwear to provide a degree of warmth. It is available in both a “classic” version and an “orthopaedic” version. The Therm-IC Footwarmer Classic consists of a battery pack , electronic heating device in the shape of an insole, and a recharger. The Therm-IC Footwarmer Orthopaedic consists of a battery pack, electronic heating device in the shape of an insole, cambrelle insole covers, and a recharger.

The applicable subheading for the Therm-IC Footwarmer will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

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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