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NY R00083





February 20, 2004
CLA-2-85:RR:NC:1:112 R00083

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. John Sevilla
10815 NW 50 Street
Miami, FL 33178-3975

RE: The tariff classification of a “Compact Solariaum” from the Netherlands

Dear Mr. Sevilla:

In your letter dated January 20, 2004 you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the “Compact Solarium” is a portable tanning device. It consists of a tanning lamp unit affixed to an adjustable arm, with the arm being mounted in a mobile base.

The applicable subheading for the “Compact Solarium” will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

Questions as to possible licensing requirements by the Food and Drug Administration (FDA) should be addressed to the FDA at 5600 Fishers Lane, Rockville, Maryland 20857.

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 David Curran at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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