CLA-2-90:RR:NC:N1:105 K87741

Mr. Mark J. Milne
Kaz Incorporated
One Vapor Trail
Hudson, NY 12534

RE: The tariff classification of Vicks Vaposteam Inhaler from China

Dear Mr. Milne:

In your letter dated July 9, 2004, you requested a tariff classification ruling.

The flyer describes the Kaz Vicks VapoSteam Inhaler:

“Soothing, Warm Vapors - Anywhere

Portable - Leak Proof - Use Anywhere

Simply open the Vicks VapoSteam Inhaler and fill with hot tap water. Add Vicks scent pads or Vicks VapoSteam To create soothing vapors that penetrate nasal, throat and sinus passages to instantly relieve cold and flu symptoms.

Easy to use Leak proof design prevents spills Compact, ideal for home or travel use Dishwasher safe Comes with 5 scent pads”

Regarding its size: “Dimensions (LxWxH) L” W” H” 4.00x 4.00x 5.44” “

From the picture, its upper edge is designed to seal around the user’s nose and mouth.

The applicable subheading for your item, together with the five pads packed with it, will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “other” therapeutic respiration apparatus. The rate of duty will be free.

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,
National Commodity
Specialist Division