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NY 808346




April 13, 1995

CLA-2-90:S:N:N3:119 808346

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2000

Mr. Derek Parnell
Truro's Enterprises
760 Dalgliesh Drive
Regina, Saskatchewan
Canada S4R 6G2

RE: The tariff classification of The WaterProof BodyFlex Massager from China

Dear Mr. Parnell:

In your letter dated March 11, 1995, you requested a tariff classification ruling.

The WaterProof BodyFlex Massager is described in your letter as a flexible foam rubber tube about two feet long with a battery operated vibrating unit sealed in the tube and two end caps that house "C" size batteries.

The applicable subheading for the massager will be 9019.10.20000, Harmonized Tariff Schedule of the United States (HTS), which provides for mechano-therapy appliances and massage apparatus; parts and accessories thereof. The rate of duty will be 3.4 percent.

This merchandise is not subject to any quota or visa restriction. Massage apparatus may be subject to the regulations of the Food and Drug Administration if medical claims are made for the product. It is advisable that you consult that agency to confirm the status of your product.

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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