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NY J88782

October 8, 2003

CLA-2-85:RR:NC:1:112 J88782


TARIFF NO.: 8531.80.0050

Mr. Jerome A. Hahn
324 Palm Avenue
Santa Barbara, CA 93101

RE: The tariff classification of a smoking cessation device from Hong Kong

Dear Mr. Hahn:

In your letter dated September 9, 2003 you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the smoking cessation device is a battery operated electronic case that holds one pack of cigarettes. It is programmed to automatically record a user’s smoking patterns each time the case is opened. The information stored by the device can be uploaded to host servers by means of a telephone line. Once the information is analyzed, a set of visual/audible signals is sent back to the device, thereby signaling to the user when it is permissible to smoke.

The applicable subheading for the smoking cessation device will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric sound or visual signaling apparatus. The rate of duty will be 1.3 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 David Curran at 646-733-3017.


Robert B. Swierupski

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