CLA-2-95:RR:NC2:224 G84170

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

RE: The tariff classification of an exercise ball from China.

Dear Ms. Wierbicki:

In your letter dated November 7, 2000, you requested a tariff classification ruling, on behalf of Avon Products, Inc., your client.

The submitted sample is an inflatable plastic exercise ball and an air pump with an inflation tube and plug. The exercise ball is packaged in a Bally Health Club box and is specifically called a Bally Exercise Ball. The ball is inflatable and the package includes an air pump, an inflation tube and a plug to facilitate the inflation of the exercise ball. The sample will be returned, as requested.

The exercise ball with the air pump, inflation tube and plug would be classified as a GRI 3 (b) set. The essential character of the set is imparted to the set by the exercise ball therefore the entire package is classified in Chapter 95 of the HTS, as exercise equipment.

The applicable subheading for the exercise ball, including the air pump, inflation tube and plug will be 9506.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other: Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof…Other.” The rate of duty will be 4.6 percent, ad valorem.

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 Tom McKenna at 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division