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NY 881494





January 15, 1993

CLA-2-39:S:N:N6:221 881494

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9090

Mr. Philip Freeman
Cain Customs Brokers Inc.
P.O. Box 150
Hidalgo, TX 78557

RE: The tariff classification of eye bandages from Mexico.

Dear Mr. Freeman:

In your letter dated December 16, 1992, on behalf of Am-Mex Products, Inc., you requested a tariff classification ruling.

The sample submitted with your letter is a bandage designed to be placed over the eye. It is in the shape of an oval, measuring approximately 3 5/8 inches in length and 2 7/8 inches in width. It is made from self-adhesive plastic sheeting, with a paper release backing. Bonded to the center of the bandage is an oval-shaped pad measuring 2 3/8 inches long, 1 3/4 inches wide and 1/2 inch in thickness, made from foamed plastics material covered with a knit fabric. You indicated that these bandages will be imported in bulk and subsequently repacked three to a retail package. You also state that the bandages are not coated or impregnated with any substance.

The applicable subheading for the eye bandages, when not impregnated or coated with pharmaceutical substances nor put up in forms or packing for retail sale, will be 3926.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Articles classifiable under subheading 3926.90.9090, HTS, which are products of Mexico, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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
Area Director

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