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NY G85038




December 7, 2000

CLA-2-90:RR:NC:MM:105 G85038

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2050

Mr. Edward Murray
Paris Presents Incorporated
3800 Swanson Court
POB 9000
Gurnee, IL 60031-9000

RE: The tariff classification of massage apparatus from China

Dear Mr. Murray:

In your letter, dated November 27, 2000, you requested a tariff classification ruling.

The sample, item number 22721, has a “C” shaped acrylic handle, which has indentation for the fingers; item 22722 has a “Y” shape with a gripping handle which is about 4 inches long and .7 inch in diameter. Both have two, side-by-side, plastic polyhedrons, which due to the small size of the triangles which make up their surfaces, are approximately spherical. The polyhedrons can freely spin around a plastic shaft which is about 2.5 inches in length and .2 inch in diameter.

They are clearly designed to be rolled over parts of the body.

You propose classification in HTS 3924.90.55. However, a more specific heading applies, and its Note 2-q excludes from Chapter 39, HTS, the articles of Chapter 90, HTS.

The applicable subheading for both items will be 9019.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for massage apparatus, not electrically operated. The general rate of duty will be free.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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