CLA-2-90:RR:NC:1:119 B89414

Ms. Sandra L. Haupt
Tower Group International, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of a Clitoral Stimulator from Canada

Dear Ms. Haupt:

In your letter dated September 5, 1997 you requested a tariff classification ruling on behalf of Lady Calston, 72 St. Regis Cres. North, North York, Ontario M3J 1Z3.

The article to be imported is a Clitoral Stimulator which consists of a "one size" bikini style panty with a sewed-in pouch on the inside of the crotch, a vibrating mechanism encased in a soft molded vinyl material, and a wire connecting the vibrating mechanism to a remote switch/battery case. The vibrating mechanism fits inside the pouch which has a window, thus allowing the molded casing to make contact with the clitoris. The Clitoral Stimulator operates on two "AA" batteries which are not being imported with the article.

The applicable subheading for the Clitoral Stimulator will be 9019.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for mechano-therapy appliances and massage apparatus; parts and accessories thereof. The rate of duty will be 1.7 percent.

There is no visa requirement or quota restriction for this merchandise when imported as the complete unit described above.

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 Jacques Preston at 212-466-5488.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division