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NY 874119


May 21, 1992

CLA-2-30:S:N:N1-F:238 874119

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.6090

Mr. Tim Krouse
Trade Partners International
2610 S.W. Buckingham Avenu
Portland, OR 97201

RE: The tariff classification of "Paipo", an alternative to cigarette smoking, from Japan.

Dear Mr. Krouse:

In your letter dated April 15, 1992, received on May 5, 1992, you requested a tariff classification ruling.

The submitted sample,"Paipo", is a non-smoking, disposable, flavored cigarette substitute, whose flavor is claimed to last more than 24 hours. It resembles a cigarette in appearance and is available in eight flavors (e.g., fruit, lemon-lime, etc.). Among the listed ingredients are various natural essential oils and flavoring agents. "Paipos" are put up in a blister pack, each of which contains 3 "cigarettes", and packaged in a small box for retail sale.

The applicable subheading for this product will be 3004.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: other: other: other other. The rate of duty will be 6.3 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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