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NY H89849




March 27, 2002

CLA-2-39:RR:NC:SP:221 H89849

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. E. Powell
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 707 Wilshire Blvd, Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of the “SportNature” from Japan.

Dear Mr. Powell:

In your letter dated March 21, 2002, on behalf of General Solutions of America, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The SportsNature consists of an open-work plastic shape resembling a six-petal flower attached to a small textile patch. The SportsNature is designed to be applied much like an adhesive bandage. It is alleged that the pressure of the hard plastic against the skin promotes blood circulation, thereby providing temporary relief from muscular and joint pain. Two of the four samples are being returned.

The applicable subheading for the SportsNature will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The SportsNature may be subject to the regulations of the Food and Drug Administration if medical claims are made for the product. It is advisable that you consult that agency to confirm the status of your product.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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