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NY I88913




December 13, 2002

CLA-2-90:RR:NC:MM:114 I88913

CATEGORY: CLASSIFICATION

TARIFF NO.: 9004.90.0000

Ms. Irene Kwok
C/o Mr. Zakir Ally
Concept 3 Ltd.
12W 57th Street, 5th Floor
New York, NY 10019

RE: The tariff classification of swimming goggles made in China

Dear Ms. Kwok:

In your letter dated November 21, 2002, you requested a tariff classification ruling on swimming goggles made in China. A sample of the Panama City Goggles was furnished with your request for a ruling

The swimming goggles for which you are requesting a ruling are identified as Panama City Goggles, item number C-76048S. The Panama City Goggles feature soft molded leak-free eyecups that conform to the shape of your face, fog-free ultra violet (UV) protection lenses and an adjustable strap. The plastic goggles are packaged in a tinted blue molded plastic box ready for retail sale. The box may be popped open and snapped closed. The words “Cayman Dive Gear” are printed in the lower portion of the front of the box. The name “Panama City Goggles” is printed below the words “Cayman Dive Gear”. You have indicated in your letter that the Panama City Goggles are a promotional item.

The applicable subheading for the Panama City Goggles will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles, and the like, corrective, protective or other; other. The rate of duty will be 2.5 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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