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NY N025862




April 17, 2008

CLA-2-235:OT:RR:E:NC:N2:235

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.9090

Ms. Marianella Enriquez
Alliance Customs Clearance
100 Oceangate Plaza 200
Long Beach, CA 90802

RE: The tariff classification of Cramp Relief Pack from China and Taiwan

Dear Ms. Enriquez:

In your letter dated April 08, 2008, on behalf of Apex Medical Corporation, you requested a tariff classification ruling. You also requested information on the ingredients labeling requirements for the article in question.

The product is described as a Cramp Relief Pack. It is a pouch measuring 8 inches high by 14.25 inches long by 1 inch thick. You state that the pouch is made of a nylon material filled with cloves, cinnamon, eucalyptus leaves and rice. Rice is stated to be the main ingredient (640 grams). You indicate that the pouch can be heated in a microwave or cooled in a refrigerator prior to applying to the body area. The pouch is intended to “provide soothing much in the same way as a traditional pad”.

The applicable subheading for the Cramp Relief Pack will be 1404.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable products not elsewhere specified or included: Other: Other: Other.” The rate of duty will be free.

You also requested information on the ingredients labeling requirements for the product in question. This product may be subject to labeling requirements or other regulations administered by the U.S. Food and Drug Administration. Information on FDA labeling requirements and other applicable regulations administered by that Agency may be addressed to the following location:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane Rockville, MD 20857

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 Paul Hodgkiss at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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