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NY L81443




December 17, 2004

CLA-2-95:RR:NC:2:224 L81443

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.91.0030

Mr. Ralph Natale
American Shipping Co., Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of the TrimFlex exercise machine from China

Dear Mr. Natale:

In your letter dated December 6, 2004, you requested a tariff classification ruling, on behalf of Thane Int’l, your client.

You are requesting the tariff classification on a product that is identified as a fitness/exercise machine called the TrimFlex. There is no style number indicated. The exercise device is designed for a home consumer interested in physical fitness. You have enclosed descriptive literature on the operation of the device, as well as illustrations of suggested exercises. The correct classification of the merchandise will be in Chapter 95 of the HTS as other exercise equipment.

The applicable subheading for the TrimFlex exercise machine, no item number shown, will be 9506.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sportsparts and accessories thereof; articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereofother. The rate of duty will be 4.6% 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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