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NY E86136





September 13, 1999

CLA-2-14:RR:NC:2:228 E86136

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.0000

Mr. Samuel Isaac Hayes
Nature’s Way
Therapeutic Products Inc.
91021-1427 Bellevue Ave.
West Vancouver, BC V7V 3N3
Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an eye pillow from Canada; Article 509

Dear Mr. Hayes:

In your letter dated August 11, 1999, you requested a ruling on the status of an eye pillow from Canada under the NAFTA.

The product is an eye pillow consisting of a woven fabric pouch measuring approximately 3.5 inches wide and 9 inches long, filled with flax seeds, packed in sealed poly bags. It is placed across the bridge of the nose and over the eyes to rest and soothe the eyes. The product is put up for retail sale in a poly bag. The flax seeds, fabric labels and plastic poly bag are products of Canada. The cotton muslin fabric is from India, and the cotton fabric outer case is from Czechoslovakia.

The applicable tariff provision for the eye pillow will be 1404.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for vegetable products not elsewhere specified or included¬other. The general rate of duty will be free.

Each of the non-originating materials used to make the eye pillow has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/14. The eye pillow will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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