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NY H88513




February 14, 2002

CLA-2-90:RR:NC:MM:114 H88513

CATEGORY: CLASSIFICATION

TARIFF NO.: 9004.10.0000

Ms. Ardele Y. Float
Attorney at Law
2 Shire
Coto de Caza, California 92679

RE: The tariff classification of Ray Shady and Ad-Viza eye-shades in zippered plastic containers

Dear Ms. Float:

In your letter dated February 5, 2002, on behalf of Float-Hunter, Inc., you requested a tariff classification ruling. A sample of the Ray Shady eye-shades with a bandana tie in a zippered plastic container was furnished with your request for a ruling. You have also submitted a color photocopy of the Ray Shady eye-shades with a hook and loop closure in a zippered plastic container.

The submitted sample features tinted non-prescription cellulose-acetate lenses, a nosepiece, an adjustable textile head strap, and a metal stud with the Ray Shady action figure. A layer of foam padding has been sewn inside the front portion of the head strap. The head strap features a bandana tie. You have indicated that the Ray Shady and Ad-Viza eye-shades are intended to be worn as sunglasses.

In New York Ruling Letter H86862 dated February 1, 2002, Customs determined that Ray Shady eye-shades and Ad-Viza eye-shades were classifiable under subheading 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles, and the like, corrective, protective or other; sunglasses. You have indicated in your letter dated February 5, 2002, that each of the eye-shades will be inside a zippered plastic container when imported into the United States. The classification of the Ray Shady and Ad-Viza eye-shades in zippered plastic containers remains unchanged.

The applicable subheading for the Ray Shady eyes-shades and Ad-Viza eye-shades in zippered plastic containers will be 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles, and the like, corrective, protective or other; sunglasses. The rate of duty will be 2 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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