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NY J86741




July 22, 2003

CLA-2-63:RR:NC:TA:351 J86741

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Beverley A. Seif
Northern Safety Co.,
P.O. Box 4250
Utica, NY 13504-4240

RE: The tariff classification of “N95 Valved Particulate Respirators” from China.

Dear Ms. Seif:

In your letter dated July 1. 2003, you requested a tariff classification ruling.

The samples submitted are ten disposable “N95 Valved Particulate Respirators,” packed in a cardboard box. They are face masks with an exhalation valve. The masks are made of two layers of nonwoven polyester textile fabric. Each mask features a thin strip of flexible metal glued near one edge of the mask that facilitates the shaping of the mask to the contours of the wearer’s face and a PE foam material nose pad. The face masks are oval in shape. Placed into the center of the masks is a polypropylene exhalation valve housing with a rubber exhalation valve membrane. Two synthetic rubber bands have been stapled to the masks to facilitate a snug fit.

The applicable subheading for the “N95 Valved Particulate Respirators” 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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