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NY L85134





June 2, 2005

CLA-2-90:RR:NC:MM: 114 L85134

CATEGORY: CLASSIFICATION

TARIFF NO.: 9013.80.90

Mr. Daniel Percival
Import Director
East-West Associates, Inc.
4821 Northam Street
La Mirada, California 90638

RE: The tariff classification of Leimo Personal Hair Laser Comb made in Korea

Dear Mr. Percival:

In your letter dated May 12, 2005, on behalf of Epulse Global Inc., you requested a tariff classification ruling on the Leimo Personal Hair Laser Comb made in Korea. A sample of the Leimo Personal Hair Laser Comb was submitted with the ruling request.

The Leimo Personal Hair Laser Comb for which you are requesting a classification ruling is identified in your letter as serial number 03722. You have indicated in your letter that the item is a new advancement for hair and scalp restoration with no medication, no drugs and no side effects. The user guide states that the Leimo Personal Hair Laser Comb consists of an ultra semiconductor laser and red colored light emitting diode (LED). The user guide states that the item operates in the non-visible light spectrum producing effects necessary for scalp penetration to hair follicle depth (approximately 5mm). The Leimo Personal Hair Laser Comb is packed in a cardboard box with a charger and plug in power supply ready for retail sale.

The applicable subheading for the Leimo Personal Hair Laser Comb will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other optical devices, appliances and instruments; other. The rate of duty will be 4.5 percent ad valorem.

The Leimo Personal Hair Laser Comb may be subject to the requirements of the Federal Food, Drug and Cosmetic Act, administered by the U.S. Food and Drug Administration. Questions regarding the FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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