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NY I85110




August 16, 2002

CLA-2-90:RR:NC:MM:114 I85110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9004.10.0000

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

RE: The tariff classification of Ray Shady and Ad-Viza eye-shades in zippered plastic containers

Dear Ms. Float:

In your letter dated August 8, 2002, on behalf of Float-Hunter, Inc., you requested a tariff classification ruling on Ray Shady and Ad-Viza eye-shades in zippered plastic containers. Two samples of the Ray Shady eye-shades in zippered plastic containers were furnished with your request for a ruling. You have also submitted a paper advertising insert for Ray Shady eye-shades in each plastic container.

You have submitted samples of two models of Ray Shady eye-shades. Each sample features tinted non-prescription cellulose-acetate lenses, a nosepiece, and an adjustable textile head strap. A layer of foam padding has been sewn inside the front portion of each head strap. One model features a head strap with a hook and loop closure at the back, and a metal stud with the Ray Shady action figure on the front. The other model features a head strap with a bandanna tie at the back, and the customer logo in embroidery on the front. Based on the submitted samples and the description of the products in the advertising literature, the Ray Shady and Ad-Viza eye-shades are intended to be worn as sunglasses. You have indicated in your letter that the eye-shades will be assembled in China or Hong Kong.

In New York Ruling Letter H86862 dated February 1, 2002, Customs determined that Ray Shady and Ad-Viza eye-shades were classifiable under subheading 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles, and the like, corrective, protective or other; sunglasses. You have indicated in your letter dated February 5, 2002, that each of the eye-shades will be inside a zippered plastic container when imported into the United States. In New York Ruling Letter H88513 dated February 14, 2002, Customs determined that the classification of the Ray Shady and Ad-Viza eye-shades in zippered plastic containers remains unchanged.

The applicable subheading for the Ray Shady eyes-shades and Ad-Viza eye-shades in zippered plastic containers will be 9004.10.0000, 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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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