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NY H83163




July 18, 2001

CLA-2-90:RR:NC:MM:105 H83163

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2035

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

RE: The tariff classification of Foot Spas from China

Dear Ms. Wierbicki:

In your letter dated June 29, 2001, for Avon Products, Inc. you requested a tariff classification ruling.

You state:
The merchandise under consideration is an electrically operated foot bath/massager measuring approximately 15” long by 15” wide by 7” high, imported and sold with various accessories. The massager provides four modes of operation: dry massage; wet massage; wet massage with heat and bubbles; bubbles and heat. The article features a partially covered foot basin with a horseshoe shaped interior incorporating, or housing, an electrically operated massager, heat unit and re-circulating water pump. Imported packaged and ready for retail sale with the massager are a pumice stone, brush and massage head accessories, each of which is in a specially fitted plastic case to permit attachment to a motorized nozzle incorporated onto the basin housing. Also included with the massager are six plastic mini roller massage attachments which fit into the corresponding sets of grooves on the basin floor, which also incorporates numerous massage heads of approximately 9mm to 1.3 cm in size, as well as tracks of air vents through which bubbles are generated.

We agree that the applicable subheading for this item will be 9019.10.2035, Harmonized Tariff Schedule of the United States (HTS), which provides for massage apparatus powered by an AC adapter. 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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