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NY K82473




February 5, 2004
CLA-2-39:RR:NC:SP:221 K82473

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.90.7500

Ms. Kayo Ikeda
GSI EXIM America, Inc.
461 Fifth Avenue
New York, NY 10017

RE: The tariff classification of a plastic inflatable balloon from Japan.

Dear Ms. Ikeda:

In your letter dated January 12, 2004, you requested a classification ruling.

The submitted sample is an inflatable balloon that is made of polyurethane film. The balloon is designed with an air valve for inflation. The consumers would use this product by attaching it to their own clothing or a vest designed especially for this item. The balloon prevents wearers from sleeping in their spinal position to minimize snoring or other sleeping disorders. Although your letter of inquiry states that this balloon will be sold as a snoring preventive medical device, for tariff purposes the balloon is not considered to have use as a medical item. The sample is returned as you requested.

The applicable subheading for the inflatable balloon will be 3926.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticspneumatic mattresses and other inflatable articles, not elsewhere specified or included. The rate of duty will be 4.2 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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