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NY I80157




April 11, 2002

CLA-2-39:RR:NC:SP:221 I80157

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Ruth Bishop
Kuehne & Nagel, Inc.
621 Lambert Pointe Drive
Hazelwood, MO 63042

RE: The tariff classification of heat packs from China.

Dear Ms. Bishop:

In your letter dated April 2, 2002, on behalf of Thermionics Corporation, you requested a tariff classification ruling.

Three sample heat packs were provided with your letter. The heat packs consist of textile packs designed to hold textile pouches containing microwaveable plastic beads. The beads retain heat which will provide a person with warmth when the packs, which have straps, are worn. Only one of the samples you provided has the beads. However, in a phone conversation, you stated that all the heat packs will be imported with beads. The essential character is imparted by the plastic beads. The samples are being returned as you requested.

The applicable subheading for the heat packs 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.

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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