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NY F81123

December 27, 1999

CLA-2-90:RR:NC:MM:105 F81123


TARIFF NO.: 9019.10.2050

Mr. Tom Staub
Interfreight Co.
221 Sheridan Blvd.
Inwood, NY 11096

RE: The tariff classification of Massagers from China

Dear Mr. Staub:

In your letter, dated December 16, 1999, for Concept 3, you requested a tariff classification ruling.

The sample massager, labeled 46326, is all wood. The larger ball, about 2 inches in diameter, is easily gripped and the four smaller ones, about 1 inch in diameter, are smooth enough to slide over skin without catching. There are four cylinders, from about 1.5 to 2 inches in length, connecting each of the smaller balls to one hemisphere of the larger one.

Explanatory Note II to Harmonized System Heading 90.19 indicates that massage apparatus may be hand operated and a relatively simple device. This is about as minimal as a massage apparatus can get, but it does not seems that they have any other plausible use.

The applicable subheading for these items will be 9019.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for massage apparatus not electrically operated. The general rate of duty will be free.

To reply to your specific question, no import restrictions apply.

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 James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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