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NY 816982




December 12, 1995

CLA-2-38:R:N2:239 816982

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.9050

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
845 Third Avenue
New York, NY 10022

RE: The tariff classification for Hot Rods Heat Pack from Japan.

Dear Mr. Zelman:

In your letter dated November 22, 1995, on behalf of your client Sportsmed International, you requested a tariff classification ruling.

The sample submitted with your inquiry, "Hot Rods Heat Pack", has a chemical breakdown as follows:

Iron - 42% Cellulose - 15%
Activated Charcoal - 15% Vermiculite - 15% Water - 12% Salt (Sodium Chloride - 1%

The product is used to generate and provide heat to individual users who will insert it in a specially adapted holder which is placed around or on various parts of the body. When the airtight outer packing is removed, air causes a chemical reaction during which the iron oxidizes, generating heat.

The applicable subheading will be 3823.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

This ruling is being issued under the provisions of Section 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 Thomas Brady at 212-466-5747.

Sincerely,

Roger J. Silvestri
Director

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