CLA-2-30:S:N:N7:238 813748
Mr. Robert F. Domey
Fritz Companies, Inc.
100 Walnut Street
P.O. Box 2874
Champlain, NY 12919-2874
RE: The tariff classification of Magic Bag from Canada
Dear Mr. Domey:
In your letter dated August 14, 1995, on behalf of your
client, Creations Magiques C.M. Inc., you requested a tariff
classification ruling.
The submitted samples, one square-shaped and the other
rectangle-shaped, consist of bag or sack-like devices which are
used to transfer stored heat (after heating in a microwave oven)
or apply cold (after placing in a freezer) onto a body part or
limb for about half an hour. Both samples are designated by the
trade name Magic Bag . Each "bag" consists of a shell or
envelope which is constructed from 100% cotton fabric, and which,
in turn, is filled with a load of cereal (oat) grains. The
product is indicated for use to reduce swelling, and to relieve
aches and pains, among other things. As submitted, each sample
is put up packed for retail sale.
The applicable subheading for Magic Bag will be
3005.90.5090, Harmonized Tariff Schedule of the United States
(HTS), which provides for: "Wadding, gauze, bandages and similar
articles ... put up in forms or packings for retail sale for
medical, surgical, dental or veterinary purposes: Other: Other:
Other." The rate of duty will be free.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, Maryland 20857, telephone number (301)
443-6553.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport