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NY A88033




October 15, 1996

CLA-2-30:RR:NC:2:238 A88033

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

Mr. Jo-Jo Snitwongse
Sino-American Corporation
440 South Hindry Avenue, #C
Inglewood, CA 90301

RE: The tariff classification of "Guan's Liver Protector" from China

Dear Mr. Snitwongse:

In your letter dated September 12, 1996, you requested a tariff classification ruling.

The submitted sample, which you refer to as "Guan's Liver Protector", consists of a circular-like pouch, constructed from woven fabric. The pouch is secured around the body, in the area where the liver and gall bladder are located, by a permanently attached, elasticized belt, with a hook-and-loop closure. You refer to the pouch portion of the item as a "medicine bag". A sealed, quilt-stitched, pancake-shaped packet, which, you state, contains various Chinese herbal medicines, is inserted into the pouch. According to the retail packaging supplied with the sample, the product is indicated for rib and abdominal pain, fatigue, tiredness, poor appetite, dry and bitter mouth, abdominal distension, constipation, etc.

The applicable subheading for the submitted sample will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Wadding, gauze, bandages and similar articles ... put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Other: Other: Other." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 Cornelius Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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