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NY A84349




July 2, 1996

CLA-2-85:RR:NC:MA: 112 A84349

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9090

Mr. Jerry Barile
All Nations Forwarding, Inc.
One Cross Island Plaza
Jamaica, NY 11422

RE: The tariff classification of an "Electro-Muscular Slimmer" from China

Dear Mr. Barile:

In your letter dated June 4, 1996, on behalf of Seagry International, Ltd., you requested a tariff classification ruling.

As indicated by the submitted sample and descriptive literature, the "Electro-Muscular Slimmer" is a battery operated device which, it is claimed, produces beneficial therapeutic effects by supplying electrical pulses to muscles to assist in their contraction and relaxation. In addition, the product claims to assist in the elimination of body fat and to improve muscle tone and structure. The unit consists of a control unit with four electrical wires designed to connect to electrodes. These electrodes are affixed to the legs, abdomen, etc.

The applicable subheading for the "Electro-Muscular Slimmer" will be 8543.89.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 3.4 percent ad valorem.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street S.W.
Washington, D.C. 20204

This ruling is being issued under the provisions of Part 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 David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri

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