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NY R03711




May 5, 2006

CLA-2-39:RR:NC:N2:221 R03711

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Una Gauthier
Barthco International, Inc.
2200 Broening Highway
Suite 200
Baltimore, MD 21224

RE: The tariff classification of a nasal dilator from China

Dear Ms. Gauthier:

In your letter dated April 11, 2006, on behalf of CVS Pharmacy, you requested a tariff classification ruling.

The illustration included with your request depicts a product identified as the “Nasal Dilator – Breathe Quiet Sleep Aid,” CVS item 341698. The product is made of a thermoplastic elastomer and is roughly U-shaped. The tips are meant to be inserted into the nostrils at bedtime. The dilator keeps the nostrils open, thus providing temporary relief from nasal congestion and snoring.

The applicable subheading for the plastic nasal dilator will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics: other. The rate of duty will be 5.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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