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NY H86955





March 15, 2002

CLA-2-85:RR:NC:1:112 H86955

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Jackie Reaves
Trust Air Cargo (U.S.A.) Co.
1360 N. Wood Dale Road
Wood Dale, IL 60191

RE: The tariff classification of a “Nicotine Pack” from Hong Kong

Dear Ms. Reaves:

In your letter dated November 13, 2001, on behalf of BTIO Educational Products, you requested a tariff classification ruling. This letter was received in our office on February 14, 2002.

As indicated by the submitted sample and literature, the “Nicotine Pack” is a battery-operated device that is used as a smoking cessation aid. It contains pre-programmed commands that guide the user through various steps in an effort to reduce and eliminate smoking. The “pack” includes metal “ID’s” that are used to activate certain steps in this process.

The applicable subheading for the “Nicotine Pack” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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