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NY C82089




December 23, 1997

CLA-2-39:RR:NC:SP:221 C82089

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
Attorneys at Law
888 Seventh Avenue
New York, NY 10106

RE: The tariff classification of sponge headbands from China.

Dear Mr. Zelman:

In your letter dated December 4, 1997, on behalf of Sportsmed International, Inc., you requested a tariff classification ruling.

The sample submitted with your letter, identified as a sponge headband, is designed to be worn around the head at the forehead level to absorb perspiration. It consists of a rectangular sponge made of regenerated cellulose, measuring approximately 8 1/4 inches by 1 3/4 inches by 3/16 inch. A strip of elastic approximately 13 inches in length is sewn at each end to either side of the sponge, forming a headband.

The applicable subheading for the sponge headband will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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