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NY K80849

December 22, 2003
CLA-2-90:RR:NC:MM:114 K80849


TARIFF NO.: 9004.90.0000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of Super Swimmer Masks from China

Dear Ms. Aldinger:

In your letter dated December 3, 2003 you requested a tariff classification ruling on Super Swimmer Masks.

The Super Swimmer Masks are PVC half-face masks with latex/rubber head straps and built-in swim goggles. The article, item number 935173, will be imported in four styles: Spiderman, Teenage Mutant Ninja Turtle, Shark Man and Ariel the Little Mermaid. You indicate in your letter that the intended use of the Super Swimmer Mask is in swimming.

The Super Swimmer Mask is a combination article consisting of a soft facemask and a swim goggle. As the good is classifiable in more than one heading, it is necessary to resort to General Rule of Interpretation (GRI) 3. The essential character of the good is imparted by the swim goggle. GRI 3 (b) is noted.

The applicable subheading for the Super Swimmer Masks will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles and the like, corrective, protective or other. The rate of duty will be 2.5 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.


Robert B. Swierupski

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