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NY B80923




February 7, 1997

CLA-2-12:RR:NC:2:238 B80923

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.8090

Ms. Gayle Pike
Charles M. Schayer & Co.
3839 Newport Street
Denver, CO 80217

RE: The tariff classification of "EMPRESS'S SECRET" Herbal Pad for Feminine Hygiene from China

Dear Ms. Pike:

In your letter dated December 12, 1996, on behalf of your client, Nature Net, you requested a tariff classification ruling. Additional submissions were made to this office on January 10, 1997, and February 3, 1997.

The submitted sample, "EMPRESS'S SECRET" Herbal Pad for Feminine Hygiene, consists of a disposable, herb-filled pad, measuring 2 1/4" x 6 1/4". An adhesive strip runs the length of the pad, on one side. The packaging material, in which the pads are put up for retail sale, was also submitted, and states that they are made of cotton, and filled with various herbs, including: saussura, involucrata, cridium, phellodendrum, etc. The packaging material also directs the wearer to " ... place pad inside undergarment against vagina/perineum." In your letter of January 10, 1997, you state that the pad is not used to treat gynecological disorders. Rather, you indicate that the pads are used " ... for well being/hygiene/cosmetic purposes." Further, in your letter of February 3, 1997, you state that, "Women can use this pad to maintain their well being and femininity because it is a fresh, cooling feeling of cleanliness and imparts a pleasing earthy aroma." In our opinion, the essential character of the pad is imparted by the herbs.

The applicable subheading for the subject product will be 1211.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: 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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