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NY K83567




March 16, 2004
CLA-2-90:RR:NC:N1:105 K83567

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2035

Ms. Stephanie DeSilva
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of Circulation Booties PP# 273302 from China

Dear Ms, DeSilva:

In your letter dated February 27, 2004, you requested a tariff classification ruling.

You describe the sample Circulation Booties, 273302: “a) Two vinyl booties that wrap around the leg and foot, and are secured via Velcro tabs b) The booties extend from just below the knee, through the length of the foot, and are open at the toes c) The booties inflate and circulate air through to create a massaging effect d) The product is powered by an AC adaptor e) The plastic tubing is affixed to the outside calf portion of the booties. When the product is turned on, the air is pumped through f)) The product also contains a control unit with various settings g) The intended use of the product is to soothe muscle fatigue, and calm tired legs”

Per NISA J. Wilson’s call to you, the time of the squeeze-release cycle can be varied, but 10 seconds would be a typical period. Harmonized System Explanatory Note II to 9019 indicates that Massage Apparatus can include devices to vary the pressure on parts of the body at a relatively slow rate, as in mattresses used to prevent or treat bedsores.

The applicable subheading for your sample will be 9019.10.2035, Harmonized Tariff Schedule of the United States (HTS), which provides for massage apparatus powered by an AC adapter. The rate of duty will be free.

The sample is being returned to you in a separate mailing.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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