The tariff classification of a plastic massager from China

NY G87648 March 12, 2001 CLA-2-90:RR:NC:MM:105 G87648 CATEGORY: Classification TARIFF NO.: 9019.10.2050 Mr. Edward Murray Paris Presents Inc. 3800 Swanson Court Gurnee, IL 60031 RE: The tariff classification of a plastic massager from China Dear Mr. Murray: In your letter, dated February 22, 2001, you requested a tariff classification ruling. The sample, Item 37051 Plastic Massager, is a single piece of molded plastic. There are two spheres, about .9 inch in diameter, in the front and two spheres, about 1.2 inch in diameter in the rear. The are joined, front to back, by a slightly curved cylinder, about .5 inch in diameter and 3 inches in length. The two cylinder are joined by a hand grip, approximately a rectangular prism, .4 inch by .7 inch by 3.5 inch. While your item is about as simple as massage apparatus can get, it does not appear to have any other use other than to be used directly by a person performing a massage. You state that the item may be imported as either an element in a gift set or for separate sale. Since you have submitted no samples or information about the gift sets, this ruling will apply to the imports imported separately, but not necessarily to those, if any, imported in gift sets already packaged for retail sale, noting HTS General Rule of Interpretation 3. The applicable subheading for this item will be 9019.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for non-electric massage apparatus. The general 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 James Sheridan at 212-637-7037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division