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NY J85258





June 27, 2003

CLA-2-85:RR:NC:1:112 J85258

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Ms. Lesa R. Hubbard
J.C. Penny Company, Inc.
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of a Tranquility Zone Eye Mask from China

Dear Ms. Hubbard:

In your letter dated May 22, 2003 you requested a tariff classification ruling.

As indicated by the submitted sample, the Tranquility Zone Eye Mask is a battery operated eye mask that is capable of playing five various programmed therapeutic sounds. It also contains an audio input jack that enables the user to listen to a CD player or radio.

The applicable subheading for the Tranquility Zone Eye Mask will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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