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NY L81344




December 28, 2004

CLA-2-38:RR:NC:2:239 L81344

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9190

Mr. Carlo Maniero
Key West International Srl
Via Cesare Battisti, 169
35031 Abano Terme – Padova - Italia

RE: The tariff classification of smokeless inhalers from Italy.

Dear Mr. Maniero:

In your letter dated December 2, 2004, you requested a tariff classification ruling for “Clonette” and “Nevegal” which are smokeless inhalers. Samples were submitted with your inquiry.

The submitted samples, “Clonette” and “Nevegal”, are non-smoking disposable cigarette substitutes whose flavor is claimed to last two hours. They resemble cigarettes in appearance and among the listed ingredients are minerals with flavoring agents. The inhalers are put up in a blister pack, each of which contains 5 “cigarettes”, and packaged in a small box for retail sale.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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