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NY H80521




May 29, 2001

CLA-2-90:RR:NC:MM:105 H80521

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2050

Ms. Barbara Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a massage brush from China

Dear Ms. Wierbicki :

In your letter, dated May 8, 2001, for Avon Products, Inc., you requested a tariff classification ruling.

You describe the sample, labeled Wormser, Back to Nature, as: “...a hand massager. It is constructed with a wooden base and rubber nubs and incorporates a removable handle approximately 14 inches long.”

There are approximately three dozen nubs. Each is approximately .5 inch long in the general shape of a bullet. The nubs are hard and appear to made of wood, not rubber. However, considerable “springiness” is supplied by the rubber matrix they are attached to. The import, while usable while showering, especially when the handle is attached, is quite different both physically and in cleaning effectiveness from the toilet brushes of HTS 9603.

The applicable subheading for this item will be 9019.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for non-electric massage apparatus. 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).

The sample is being returned to you in a separate mailing.

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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