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NY L89456





December 21, 2005

CLA-2-14:RR:NC:N2:228 L89456

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.0000

Ms. Francine Marcoux
Hampton Direct, Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a neck wrap from China

Dear Ms. Marcoux:

In your letter dated December 6, 2005 you requested a tariff classification ruling.

A sample and illustrative literature accompanied your letter. The sample was examined and disposed of. The “Comfort Bag”, product no. 11151, is a rectangular-shaped cotton fabric bag, measuring approximately 21 inches long and 5 inches wide, filled with flaxseed. Literature indicates the bag may be warmed in a microwave oven or cooled in a freezer, and suggests a variety of uses, ranging from reducing muscle tension to regulating body temperature.

The applicable subheading for this product will be 1404.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetable products not elsewhere specified or includedother. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Additional requirements may be imposed on this product by the Food and Drug Administration (FDA) and/or the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: 1-888-463-6332

You may contact APHIS at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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