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NY G86003




January 18, 2001

CLA-2-90:RR:NC:MM:114 G86003

CATEGORY: CLASSIFICATION

TARIFF NO.: 9004.90.0000

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of Folding Reading Glasses from China

Dear Ms. Wierbicki:

In your letter dated December 27,2000, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The product is a pair of folding reading glasses. The reading glasses are manufactured with rose gold tone metal frames and plastic lenses with magnifying capability. The frames are hinged at the bridge and at the temples so that they fold. According to your letter, they are imported ready for retail sale in a hinged case made of ferrous metal which is covered with a textile reinforced cellular plastic. The hinged case is uniquely designed by its shape and size to tightly fit the folding reading glasses. This case is not of a kind normally sold on its own. The case is considered specially shaped or fitted to contain the folding reading glasses, is suitable for long-term use and will be entered with the article for which it is intended. GRI 5 (a) is applicable.

The applicable subheading for the folding reading glasses with hinged case will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other spectacles, goggles and the like, corrective, protective or other; other. The rate of duty will be 2.5 percent ad valorem.

The sample of the folding reading glasses is being returned as requested.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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