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NY J88034




September 10, 2003

CLA-2-14:RR:NC:2:228 J88034

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.0000

Mr. Danny Gabriel
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of an eye mask and a hot/cold pack from China.

Dear Mr. Gabriel:

In your letters dated July 3, 2003 and August 8, 2003, you requested a tariff classification ruling.

The samples submitted with your first letter were examined and are being returned. Component material breakdowns were submitted with your second letter. The Sinus Eye Mask with Velcro Strip (item #C58M0338) is a flat eye mask measuring 8-3/4 inches long and 3-3/4 inches wide, with two elastic straps and hook and loop closure. The Hot/Cold Pack (item #C58M0339) is a rectangular shaped pouch measuring 19-1/2 inches long and 4-1/2 inches wide, secured on either end with hook and loop closures and nylon handles. Both items are composed of outer shells made from polyester fabric and filled with rice. The mask and hot/cold pack can be heated in a microwave or cooled in a refrigerator before applying to the eyes or forehead (mask) or the shoulders, waist, or thighs (hot/cold pack).

The applicable subheading for the eye mask (item #C58M0338) and the hot/cold pack (item #C58M0339) will be 1404.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable products not elsewhere specified or includedother. The rate of duty will be free.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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