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NY M85593




September 12, 2006

CLA-2-90:RR:NC:N1:105 M85593

CATEGORY: CLASSIFICATION

TARIFF NO.: 9019.10.2020

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a pet massager from China

Dear Ms. Wierbicki:

In your letter dated August 16, 2006, for Avon Products, Inc., you requested a tariff classification ruling. A sample was submitted.

You state, “The submitted merchandise is a plastic hand held battery-powered massager of rigid molded plastic, with overall measurements of approximately 4” by 3” by 2” (including the message head). The article is constructed from two separate sections of plastic, one of which incorporates the massage head, created by 50 rubber protrusions that measure approximately 1/8” in diameter by ½” long. The other section serves as the handle and incorporates five oval pieces of plastic to facilitate one’s grip of the article while in use. This section also incorporates on one side the battery compartment (to hold one AA battery) and the On/Off switch to activate the massager. The other side of this section also incorporates an activation switch, but one for ‘pulsing’ action.”

We consider massage apparatus for animals to be included in HTSUS 9019 primarily by analogy to the Orthopedic Appliances for animals. See New York Ruling Letter R02159-105, 7-18-05.

We agree that the applicable subheading for the Paw Pet Massager will be 9019.10.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handheld, battery powered, massage apparatus. The rate of duty will be free.      

Per your request, the sample is being returned to you, in a separate mailing. 

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/.

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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