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NY J87967




September 9, 2003

CLA-2-39:RR:NC:SP:221 J87967

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Madeleine Lopez-Silvero
Holistic Alternatives Health Associates, Inc. 8518 S.W. 8 Street
Miami, Florida 33144

RE: The tariff classification of the “LASVI outer ear clips” from Spain.

Dear Ms. Lopez-Silvero:

In your letter dated August 5, 2003, you requested a tariff classification ruling.

A sample was provided with your letter. The LASVI outer clips are composed of plastic. The clips are designed to clamp onto the ear, and according to the literature you provided, they are meant “to bring relief and a sense of relaxation and well being” in treating neck, back, lumbar, hip, leg, head and other pain. The clips are also said to be useful in weight loss.

The applicable subheading for the LASVI outer clips will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The importation of the ear clips may be subject to the regulations of the Food and Drug Administration because of the health claims made for this product.

When claims are made that a product is "intended for use in the cure, mitigation, treatment or prevention of disease in man" (21USC 321-h-2), you must establish to U.S. Customs at the time of entry that you have either a waiver or an approval from the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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