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NY 874894


June 24, 1992

CLA-2-90:S:N:N1:114 874894

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.10.0080

Mr. David A. Eisen
Siegel, Mandell, & Davidson
One Astor Plaza
1515 Broadway
43rd Floor
New York, New York 10036

RE: The tariff classification of Binoculars from China or Taiwan

Dear Mr. Eisen:

In your letter dated May 28, 1992, on behalf of Avon Products, New York, New York, you requested a tariff classification ruling.

The item is a pair of eyeglass-shaped binoculars composed of plastic. The binoculars are worn as eyeglasses are worn. They are similar to binoculars in that they may be focused by adjusting a knob located on each temple. They are intended to be used as binoculars in order to aid vision at sporting events and the like. They have a slightly tinted lens that can be used in bright light, and a clear lens for use in dimmer light.

The applicable subheading for the eyeglass-shaped binoculars will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for Binoculars, Other. Subheading 9005.10.0080 is free of duty.

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.

In your letter you requested that we confirm that binoculars are not subject to FDA regulation. At this time, Heading 9005 is not subject to FDA regulation. Further questions should be directed to the Food and Drug Administration, Compliance Division, 850 Third Avenue, Brooklyn, New York 11232.

Sincerely,

Jean F. Maguire
Area Director

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