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NY F88891

July 18, 2000

CLA-2-39:RR:NC:SP:221 F88891


TARIFF NO.: 3926.90.2000

Mr. Edgard Caicedo
I. Maxx Enterprises
25 Tudor City Place
Suite 1212
New York, NY 10017

RE: The tariff classification of prophylactics from Colombia.

Dear Mr. Caicedo:

In your letter dated June 16, 2000, you requested a tariff classification ruling.

Three samples were included with your request. The Unique Condom Card is a plastic container, roughly in the shape of a credit card, measuring approximately 3 1/2 inches by 2 1/8 inches. The card contains three male condoms, each located in a hollow in the container and protected by a paper pull tab. The Unisex Condom Card is a plastic container of similar size and shape, containing three unisex condoms. The Panty Condom is a textile thong panty sold as a set with two female condoms. The condoms have an adhesive and are designed to adhere to an opening in the panty. All of the condoms are made of polyethylene.

The applicable subheading for the Unique Condom Card and the Unisex Condom Card will be 3926.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticsice bags; douche bags, enema bags, colostomy bags, hot water bottles, and fittings therefor; invalid and similar nursing cushions; crutch tips and grips; dress shields; finger cots; pessaries; prophylactics; sanitary belts; bulbs for syringes; syringes (other than hypodermic syringes) and fittings therefor, not in part of glass or metal. The duty rate will be 4.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the thong panty with the two female condoms. Your request for a classification ruling should include a value breakdown showing a separate cost for the panty and for the condoms. The package indicates that the panty is reusable. Are refill condoms available for this panty? Do the refill condoms differ from standard female condoms? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This merchandise may be subject to additional requirements administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Joan Mazzola at 212-637-7034.


Robert B. Swierupski

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