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NY 817788




January 17, 1996

CLA-2-40:RR:NC:TP:221 817788

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.3500

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman LLP 707 Wilshire Boulevard
Suite 5555
Los Angeles, CA 90017

RE: The tariff classification of rubber novelties from Korea.

Dear Mr. Powell:

In your letter dated December 15, 1995, on behalf of Calapro, Inc., you requested a tariff classification ruling.

Your request covers four novelty items made of natural latex rubber. All are packaged in cardboard wrappers which are marked, "Sold as a novelty." The "French Tickler," "Fingers of Passion Tickler Stimulator Extender" and the "Finger Tickler" are sheath type items, each of which is marked with the disclaimer, "Not sold for the prevention of disease." Though the French Tickler and Fingers of Passion resemble condoms, you have stated that the articles are not intended to be used as contraceptives. The fourth item, labeled as the "Screamer," is a band measuring 5/8 inch in width and 3 1/2 inches in circumference. The novelty articles incorporate nodules or extensions designed to increase sensations during sexual activity. The samples are being returned as you requested.

The applicable subheading for the rubber novelties will be 4016.99.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber, of natural rubber, other. The rate of duty will be 2.5 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 Joan Mazzola at 212-466-5580.

Sincerely,

Roger J. Silvestri
Director

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