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NY F84097

March 17, 2000

CLA-2-96:RR:NC:SP:221 F84097


TARIFF NO.: 9608.10.0000

Mr. Artie Sutton
Marlowe & Co., Inc.
P.O. Box 90459
Los Angeles, CA 90009

RE: The tariff classification of a “stress reducing massager pen” from Taiwan.

Dear Mr. Sutton:

In your letter dated March 2, 2000, on behalf of Level Enterprises, Inc., you requested a tariff classification ruling.

The sample submitted with your letter is marketed as a “stress reducing massager pen.” The article is a ball point pen with a battery powered studded vibrating ball at the top. The massage motion is activated when the ball is pressed against any surface and stops when that pressure is released. The pen is sold with an accu-pressure chart. The chart includes illustrations of the head, hand and body, identifying various accu-pressure points and the ailments which pressure applied to those points is alleged to alleviate. The literature also includes a statement that the product “helps you to get rid of your headaches, sinus problems, backaches, neck pain etc. and also relieves eyestrain tension due to stress.” The pen will be imported in various barrel colors, identified as items 1130BP, 1132BP, 1133BP, 1135BP and 1138BP. The pen may be imported packaged for retail sale in a gift box with an extra battery.

The applicable subheading for the massager pen imported alone, as well as for the gift set consisting of a massager pen with extra battery, will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The rate of duty will be 0.8 cent each plus 5.4 percent ad valorem.

Noting that the marketing literature claims that individuals might experience certain health benefits through the use of the massager pen, this merchandise may be subject to the regulations of the U.S. Food and Drug Administration. It is advisable that you consult that agency to confirm the status of your product prior to importation. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Joan Mazzola at 212-637-7034.


Robert B. Swierupski

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