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NY L81893




February 28, 2005

CLA-2-90:RR:NC:N1:105 L81893

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2020

Mr. Ted Youngs
Oro Design, LLC
503 W Mt Pleasant Ave.
Philadelphia, PA 19119

RE: The tariff classification and country of origin marking of a Mini Erotic Travel Kit from China

Dear Mr. Youngs:

In your letter dated December 20, 2004, you requested a tariff classification ruling. A sample in its retail packaging was supplied.

You state:

“This kit will be manufactured abroad and assembled in Hong Kong. Its contents and their countries of origin are as follows:

 One molded Eva foam travel kit with lycra and jersey fabric laminate on the exterior and interior. The travel kits dimension are approximately 1.5” by 2.5” by 3” Its opening is a #3 zipper. Made in China.  2 condoms. Made in Thailand.
 One battery-operated vibrating massager. Made in China.  One 0.3 fluid ounce squeeze tube of lubricant. Made in China.  Printed matter: plastic box, paper box insert, product brochure & luggage hang tag. Made in China.”

The inside lid of the case has a small mirror, about 1.7 inch by .8 inch.

The retail package is imprinted Mile High, the sensual traveler’s erotic companion and Pack Lighter, Pet Heavier.

We consider the item to be a set and the battery operated vibrator, about 2.2 inches long and .5 inch in diameter either to provide the set’s essential character or to be classified last in the Tariff among the items which equally merit consideration for providing it. The vibrator is itself classified in 9019.10.20, noting New York Ruling Letter B89414-119, 10-8-97.

The applicable subheading for the cased set will be 9019.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for handheld, battery powered, massage apparatus. The rate of duty will be free.

We note that the side of the box is imprinted Distributed by Oro Design - Philadelphia, Pennsylvania, 19119 – European Authorized Representative – Obelis B-1040 Brussels.

The printed matter in the retail packaging refers to locations in Europe, but no reference is made to China, either in the printed matter or on the objects.

The edge of the bottom of the box is imprinted in small print, Condoms made in Thailand. All other components made in China.

Noting in particular CR 134.46, shipments with items marked as in your sample should be prohibited entry as Not Legally Marked.

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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