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NY N005805




February 7, 2007

CLA-2-85:RR:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.70.9650

Andy Berardi
Phoenix International Freight Services, Ltd. 4345 International Parkway, Suite 100
Atlanta, GA 30354-3905

RE: The tariff classification of the “Thalgothermic” electric thermal blanket from France.

Dear Mr. Berardi:

In your letter dated January 18, 2007, you requested a tariff classification ruling on behalf of Ehring Enterprises Inc. of Fort Lauderdale, FL.

The “Thalgothermic” electric thermal blanket measures approximately sixty inches wide by seventy inches long. The blanket consists of thermal electric wiring within a plastic outer covering with an attached electric control unit.

The “Thalgothermic” electric thermal blanket is used in Health and Wellness Spas for various types of treatments/therapies that require the addition of heat. In use, the client would lie down on the blanket. The sides of the blanket are folded over the client and fastened to each other. Once the client is placed within the blanket the desired program is selected using the electric control unit. The “Thalgothermic” blanket can be programmed to direct heat to the entire body or to the bust, trunk or leg area in various combinations.

You proposed classification under subheading 6301.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Blankets and traveling rugs: Electric blankets. However, the items in Chapter 63, must be made up from textile fabric. This item is not made from textile fabric so it is excluded from Chapter 63. Additionally, this item is used for “treatment” and would not be considered an article of bedding in Heading 9404.

The applicable subheading for the “Thalgothermic” electric thermal blanket will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical machines and apparatus: Other machines and apparatus: Other: Other: Other: Other. The rate of duty will be 2.6%.

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 Steven Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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