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NY K85801





May 7, 2004
CLA-2-63:RR:NC:N3:351 K85801

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Gail Gerstmar
President
Gtripledot, Inc.
12933 SW Wilmington Lane
Tigard, OR 97224

RE: The tariff classification of a neck support from China

Dear Ms. Gerstmar:

In your letter dated April 29, 2004, you requested a tariff classification ruling.

The sample submitted, identified as the “ON-THE-ROLL Pillow-Collar Neck Support,” is a 4-piece set that is packaged in a clear vinyl zippered case. The set includes one two-piece collar, two 10” Pillow-Rolls (2” and 2½” diameters), and one towel sling with which the user may wrap a rolled towel or washcloth for additional support. Each part has hook-and-loop fastener strips to hold them together. The pieces are covered with 100 percent polyester fabric and filled with 100 percent polyurethane foam.

You indicate that the item is not a medical device, but rather is used to support the neck while resting, either in a seated position, as by travelers, or while reclining in bed.

You also state that the set may be imported in a two-piece version with only the collar and towel sling.

The applicable subheading for the neck support set in either the two- or four-piece version will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

You also state that you may import this item with inflatable cylinder rolls. In order to classify this item, we need to receive a sample. When this is available, you may wish to consider resubmission of your request.

The sample will be returned as requested.

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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