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NY B88485




August 25, 1997

CLA-2-30:RR:NC:2:238 B88485

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9090

Ms. Sophia Wong
Cypress Enterprises, Inc.
47 Canterbury Road
Woodbury, NY 11797-3201

RE: The tariff classification of "Thumper" aromatherapy animal from China

Dear Ms. Wong:

In your letter dated July 30, 1997, you requested a tariff classification ruling.

The submitted sample, "Thumper" aromatherapy animal, consists of a rabbit-shaped, sealed sachet, constructed from 100% cotton, knit fabric. The sachet measures approximately one (1) foot in length, and is filled with 6 oz. of flax seed, 0.75 oz. of lavender, and 0.25 oz. of peppermint. The product will be put up for retail sale with a removable, paperboard label which resembles a cigar band. Wording appearing on the label indicates that the product, presumably, when placed over the eyes, is used to enhance one's well-being, and ease away tension and eyestrain.

The applicable subheading for the subject product will be 3004.90.9000, 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 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.

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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