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NY 818333

February 7, 1996

CLA-2-42:RR:NC:WA:341 818333


TARIFF NO.: 4202.92.9040

Mr. Tim Ryan
Ryka, Inc.
195 Lehigh Ave.
Lakewood Industrial Park
Lakewood, NJ 08701

RE: The tariff classification of a "Diabetic" travel case from the Dominican Republic.

Dear Mr. Ryan:

In your letter dated January 17, 1996, you requested a tariff classification ruling for a "Diabetic" travel case.

The sample submitted, described as a "Diabetic Medical Case", is a fitted travel case of vinyl designed to contain medical tools and other related items. The case measures approximately 6 1/2" x 4 1/2" x 1 1/2". It is secured by means of a textile zippered closure. You have stated that all of the materials and hardware used to manufacture the case will be of U.S.A. origin and that the case will be completely assembled in the Dominican Republic.

The applicable subheading for the "Diabetic" travel case of vinyl plastic will be 4202.92.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for in part for other travel bags, with outer surface of sheeting of plastic or of textile materials, other, other, other, other. The rate of duty will be 19.5 percent ad valorem.

Articles classifiable under subheading 4202.92.9040, HTS, which are products of the Dominican Republic, are entitled to duty free treatment under the Caribbean Basin Initiative (CBI) upon compliance with all applicable regulations.

Based on the information submitted, the article is entitled to Duty-Free treatment pursuant to U.S. Note 2(b), subchapter II, Chapter 98, of the HTS. This note provides for the duty free treatment of articles, other than certain excluded articles, which are assembled or processed in a Caribbean Basin Economic Recovery Act beneficiary country, wholly of fabricated components or ingredients (except water) of U.S. origin. As long as only U.S. origin components are used during the foreign manufacturing operation, and the applicable documentation requirements are satisfied, the plastic travel case may enter the United States free of duty pursuant to Note 2(b) of subchapter II, Chapter 98, HTS.

This ruling is being issued under the provisions of Section 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 Kevin Gorman at 212-466-5893.


Roger J. Silvestri

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