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NY B80744




January 13, 1997

CLA-2-30:RR:NC:2:238 B80744

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9090

Mr. Carlos Santamaria
JP Reynolds Company, Inc.
1850 Eller Drive, Suite 401
Fort Lauderdale, FL 33316

RE: The tariff classification of Inhalight inhalers from France

Dear Mr. Santamaria:

In your letter dated December 24, 1996, on behalf of your client, L.O.S. Corporation, you requested a tariff classification ruling.

The submitted sample, Inhalight , consists of a cylindrical "pocket" inhaler, measuring approximately 2 1/2" in length, whose ingredients are stated to consist of a mixture of natural essential oils. The product is claimed to function as a complement to a diet (weight reduction) program, by acting as an appetite suppressant and relaxant. Although the wording on the submitted sample is in French, you indicate that, in its imported condition, all information appearing on the inhaler will be in both English and French. You further indicate that the inhaler will be packaged in plastic for retail sale.

The applicable subheading for the subject product will be 3004.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: Other: Other." The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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

Gwenn Klein Kirschner

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