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NY B85409




May 19, 1997

CLA-2-30:RR:NC:2:238 B85409

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9090

Mr. Edward J. Murray
Paris Presents Incorporated
3800 Swanson Court
Gurnee, IL 60031-1261

RE: The tariff classification of Frog Eye Pillow from China

Dear Mr. Murray:

In your letter dated April 28, 1997, you requested a tariff classification ruling.

The submitted sample, Frog Eye Pillow, consists of a frog-shaped, sealed, textile sachet, measuring approximately 11" in length, which is filled with flax and lavender seeds. You refer to these seeds as "aromatherapeutic beads". The product will be put up for retail sale with a removable, paperboard label, which resembles a cigar band. Wording appearing on the label describes the product as a soothing aromatherapeutic eye pillow that one places over tired eyes to relieve strain and tension. Pursuant to your request, the sample is being returned.

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 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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