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NY J85310




June 30, 2003

CLA-2-39:RR:NC:SP:221 J85310

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Traci Manuel
Virgo III Ltd.
766 Knox Court
Yardley, PA 19067

RE: The tariff classification of eye masks from China.

Dear Ms. Manuel:

In your letter dated May 28, 2003, you requested a tariff classification ruling.

Two samples were provided with your letter. One eye mask is composed of EVA plastic, the other mask is composed of PVC plastic. The EVA plastic eye mask holds a liquid composed of 70 percent distilled water and 30 percent propylene glycol. The PVC eye mask is said to contain a liquid composed of 100 percent propylene glycol. Both eye masks and their liquid contents can be heated or cooled as desired. The eye mask is then placed over the eyes to provide comfort. The essential character is imparted by the plastic eye mask. The eye masks will be imported with a plastic pouch. The plastic pouch is packing and classified with the eye masks.

The applicable subheading for the eye masks will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles and toilet articles of plastics, other, other. The rate of duty will be 3.4 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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