CLA-2-30:S:N:N1-F:238 873576
Mr. Bruce Schiller
MSAS Customs Logistics Inc.
8725 NW 18th Terrace, Suite 301
Miami, FL 33172
RE: The tariff classification of "Perma Heat" Deep Heat Pad (Lot
53), put up in forms or packings for retail sale, from Colombia.
Dear Mr. Schiller:
In your letter dated April 14, 1992, received on April 20,
1992, on behalf of your client, Sara International, you requested
a tariff classification ruling.
The submitted sample, "Perma Heat" Deep Heat Pad (Lot 53),
is an adjustable, contoured pad, which is wrapped, bandage-like,
around the back, neck, shoulders, knees or arms to relieve or
reduce the pain associated with backache, pulled muscles,
rheumatism, etc. The pad is 17 inches long, 10 inches wide,
weighs less than 2 ounces, and, in its condition as imported, is
individually packaged for retail sale. It contains no
electrothermic apparatus or chemicals. The outer (visible) part
is constructed from 65% polyester, 35% cotton, woven fabric, and
the inner (non-visible) surface is foam-lined. The pad has two,
permanently affixed closures, each consisting of an elasticized
tab secured by a section of hook-and-loop tape. Literature
submitted with the sample states that the pad works by
redirecting body heat, normally lost through the skin surface,
back into the injured area to increase blood circulation and
relieve pain. The sample is being returned under separate cover.
The applicable subheading for this product will be
3005.90.5090, Harmonized Tariff Schedule of the United States
(HTS), which provides for wadding, gauze, bandages and similar
articles (for example, dressings, adhesive plasters, poultices),
impregnated or coated with pharmaceutical substances or put up in
forms or packings for retail sale for medical, dental or
veterinary purposes: other: other: other. The rate of duty will
be 7 percent ad valorem.
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 (202)
443-3380.
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