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NY J88136




September 17, 2003

CLA-2-39:RR:NC:SP:221 J88136

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Irene Kwok
CDP Asia Limited
C/o Mr. Zakir Ally
12 W. 57th Street, 5th Floor
New York, NY 10019

RE: The tariff classification of cooling eye patches from China.

Dear Ms. Kwok::

In your letter dated August 15, 2003, you requested a tariff classification ruling.

The sample submitted with your request, identified as style C-85027-1, is a pair of cooling eye patches packed inside a snap flap clear polyvinyl chloride (PVC) storage case. The patches are made of PVC sheeting filled with water that contains sorbitol as a freeze point depressant. The patches are intended to be cooled in the freezer and then placed over the eyes to give a soothing effect.

The applicable subheading for the cooling eye patches will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics, 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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