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NY H81411

July 2, 2001

CLA-2-90:RR:NC:MM:114 H81411


TARIFF NO.: 9004.10.0000

Ms. Ardele Y. Float
Attorney at Law
2 Shire
Coto de Caza, California 92679

RE: The tariff classification of Ad-Viza eye-shade from Taiwan

Dear Ms. Float:

In your letter dated May 29, 2001, on behalf of Float-Hunter, Inc., you requested a tariff classification ruling. A prototype sample of the Ad-Viza eye-shade was furnished with your request for a ruling.

You have submitted a prototype sample of the Ad-Viza eye-shade that has been developed to the point at which a classification decision may be offered. The sample features tinted non-prescription cellulose-acetate lenses, a black nosepiece, and an adjustable textile head strap with a plastic clasp. A layer of foam padding has been sewn inside the front portion of the black head strap. The word “SCREAMLINE” is embroidered in purple lettering on the front of the head strap. The words “Rendering Services” are embroidered in purple lettering directly below the word “SCREAMLINE”. Based on the submitted prototype and the description in your letter, the Ad-Viza eye-shade is intended to be worn as sunglasses. You have indicated that the Ad-Viza eye-shade will be imported from Taiwan.

You have stated that the lenses for the Ad-Viza eye-shade will always be tinted, and the customer will select the fabric for the head strap. You have also indicated that you will be introducing new designs for the nosepiece and clasp. The Ad-Viza eye-shade will be given away or sold, depending on the customer. If the actual finished product does not conform to the description provided herein this ruling will be invalid.

You have also asked if you would be eligible for a duty reduction on the lens material. The information you have provided is not sufficient for us to determine whether there is any duty reduction on the lens material. We require additional information in order to issue a ruling. If you require a ruling on this, we need a complete and detailed description of the transaction bringing the material to the United States.

The applicable subheading for the Ad-Viza eye-shade will be 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles, and the like, corrective, protective or other; sunglasses. The rate of duty will be 2 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 Barbara Kiefer at 212-637-7058.


Robert B. Swierupski

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