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NY J83611




April 25, 2003

CLA-2-63:RR:NC:TA:351 J83611

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of “Anti-Pollution Masks” from Vietnam.

Dear Ms. Liu:

In your letter dated April 9, 2003, you requested a tariff classification ruling. The samples are being returned as requested.

The samples submitted are an “Adult Anti-Pollution Mask,” item number B32F8001 and a “Child Anti-Pollution Mask,” item number B32F3002. Both masks are constructed of knit man-made fabric bonded to neoprene rubber. The knit fabric forms the outer and inner surface. The masks feature a thin strip of flexible metal attached near one edge that facilitates the shaping of the mask to the contours of the wearer’s face. The masks are designed to cover the nose and mouth. It is held closed with hook and loop fastener. The mask is oval in shape with various cut openings designed for air to pass through. A nonwoven textile piece attached to the larger nose and mouth mask by two metal snaps filters the incoming air, but is clearly not capable of providing the wearer any significant protection from noxious gases, as opposed to various particulate matter, even with any available replacement piece. The literature in your package proposes changing the “Activated Carbon Cloth” after six months, not after use, as a characteristic of gas masks per Harmonized System Explanatory Note II to Heading 9020.

The applicable subheading for the “Adult and Child Anti-Pollution Masks” will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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