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NY H85817




December 7, 2001

CLA-2-14:RR:NC:2:228 H85817

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.0000

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

RE: The tariff classification of an eye pillow from China

Dear Ms Wierbicki:

In your letter dated November 28, 2001, on behalf of Avon Products, Inc., New York, NY, you requested a tariff classification ruling.

A sample accompanied your letter. Your letter describes the “Flax Seed & Lavender Eye Pillow” as a tapered product measuring approximately 7 inches wide and 4 inches long at its ends and 3 inches long at its center point, filled with a combination of flax seeds and lavender. The “representative sample” you submitted is a rectangular pouch measuring approximately 7½ inches long and 3¾ inches wide. The pouch is made from unidentified textile material, and is sewn closed on all four sides. The product is intended to be placed over the users eyes.

The applicable subheading for this product will be 1404.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable products not elsewhere specified or includedother. The 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, as requested. 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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