The tariff classification of a "Vital Herb Belt" from China

NY 889305 September 2, 1993 CLA-2-30:S:N:N7:238 889305 CATEGORY: Classification TARIFF NO.: 3005.90.5090 Mr. Yu Hui Crowe Synergy Trading 11703 Lisburn Pl. La Mirada, CA 90638 RE: The tariff classification of a "Vital Herb Belt" from China Dear Mr. Crowe: In your letter dated August 9, 1993, you requested a tariff classification ruling. The submitted sample, designated as a "Vital Herb Belt", is constructed from a "pad" composed of two, circular pieces of fabric quilt-stitched together, with an inner layer of Chinese herbs serving as the filling material. This quilted "pad", in turn, is sewn into an outer, textile "pouch", which is then secured around the waist by a permanently attached piece of narrow, elasticized fabric with a hook-and-loop closure. You indicate that the product contains such Chinese herbs as ginseng, Chinese caterpillar fungus, and fruit of amomum villosum lour, and is " ... manufactured on the basis of an ancient Chinese secret recipe for prolonging life." You also state that the product acts by supporting " ... health energy, activating blood circulation, improving immunization and nourishing vital energy", and " ... is good for 155 days and is disposable after use." The belt is put up for retail sale in a sealed plastic bag. The sample is being returned as requested. With respect to your request for a tariff classification ruling on the "Mighty Medical Pillow", please be advised that a ruling cannot be issued without the submission of an actual sample of this item. The applicable subheading for the "Vital Herb Belt" 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, surgical, 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, MD 20857, telephone number (202) 857-8400. 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