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NY I81374





May 14, 2002

CLA-2-38:RR:NC:2:239 I81374

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9150

Mr. Daniel Shapiro
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10119

RE: The tariff classification of “Soothing Hearts” (PP#245949) from China.

Dear Mr. Shapiro:

In your letter dated April 1, 2002, on behalf of your client Avon Products, Inc., you requested a tariff classification ruling for a heart shaped heating pad with a fitted textile cover. A sample was submitted with your inquiry.

The product is comprised of a liquid (sodium acetate, distilled H2O, and 2-phenoxyaethanol), and a chrome plated disc contained in a sealed PVC heart shaped shell measuring approximately 4 ½ inches long by 5 inches wide. The chrome plated disc activates a crystallization process when depressed, creating heat. The textile cover holds the heating pad and acts as a buffer between the activated heating pad and the skin.

The applicable subheading will be 3824.90.9150, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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