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NY B86429





June 23, 1997

CLA-2-30:RR:NC:2:238 B86429

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

Ms. Cecilia Castellanos
Western Overseas Corporation
P.O. Box 90099
Long Beach, CA 90809-1345

RE: The tariff classification of a Flax Seed Eye Mask from China

Dear Ms. Castellanos:

In your letter dated June 12, 1997, on behalf of your client, Yanko Herb, Inc., you requested a tariff classification ruling.

The subject product, described on the accompanying insert as a "SOBAKAWA Pillow" flax seed eye mask, consists of a small, sealed pouch, which is constructed from woven fabric and filled with flax seeds (7.5 oz.). According to the instructions on the insert, the individual, after lying down or reclining, places the pouch, mask-like, across the bridge of the nose and over the eyes, in order to rest and soothe tired, irritated, puffy eyes. It can also be chilled in a freezer, prior to use. The product is put up for retail sale in a sealed polybag. The sample is being returned, pursuant to your request.

The applicable subheading for the subject product will be 3005.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or 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 U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 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,

Gwenn Klein Kirschner

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