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NY I81545




May 20, 2002

CLA-2-90:RR:NC:N1:105 I81545

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2035

Ms. Gayle E. Meagher
Charles M. Schayer & Co.
3839 Newport Street
Denver, CO 80207

RE: The tariff classification of Precision Massager from China

Dear Ms. Meagher:

In your letter, with sample, dated May 1, 2002, received here May 13, 2002, for Water Pik Inc., you requested a tariff classification ruling.

The item is shaped mostly as a tube, about 1 inch in diameter, with a straight section about 18 inches long and a semi-circle about 10 inches long at one end. It is powered via an attached wire, about 6 feet long, which is attached to an AC/DC converter that will be plugged into a standard outlet. There are several plastic nodes along its length, which vibrate strongly when the power is turned on. It enables the user to have a vibrator massage in areas such as the small of the back that are difficult to reach with a standard vibrator which fits in the hand.

You state that it is: “Personal stress relief therapeutic massage apparatus designed to concentrate on desired muscle tension areas with vibrating motion and personally controlled depth through the pressure applied. The arched design allows the individual to reach difficult areas on the back and shoulder. The basis of the ‘J’ massager is to take an effective massage device and improve it by adding vibrating motion. This unit is designed to vibrate while allowing the user to use leverage as an advantage. There will be two models all consisting of a ‘J’ shaped metal and motor.”

We agree that the applicable subheading for the AccuReach Precision Massager will be 9019.10.2035, Harmonized Tariff Schedule of the United States (HTS), which provides for massage apparatus powered by an AC adapter. The rate of duty will be free.

The sample is being returned to you in a separate mailing.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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