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NY H85922

December 31, 2001

CLA-2-42:RR:NC:3:341 H85922


TARIFF NO.: 4202.92.9026; 9817.00.96

Mr. Robert J. Leo
C/o Meeks & Sheppard
330 Madison Avenue
39th Floor
New York, N.Y. 10017

RE: The tariff classification of Fitted Cases for Blood Glucose Monitoring Device (Style #s 7143, 7501, and 7589) from China

Dear Mr. Leo:

In your letter dated December 3rd, 2001 you requested a tariff classification ruling.

A sample of style 7143 has been submitted. The article is a specially shaped and fitted carrying case for a Lifescan ™ blood glucose diagnostic and monitoring system. The case is a product of China and will be imported empty. The case is secured by a zipper closure. It’s exterior front and back panels are constructed wholly of textile materials and the middle zipper tapes are of man-made textile materials. The outer surface is of man-made textile fabric. The sample will be returned as requested. The request is on behalf of Koszegi Industries, Inc.

The applicable subheading for the fitted carrying case, (Styles 7143, 7501, and 7589) will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for, in part, other containers and cases, other, other, with outer surface of sheeting of plastic or of textile materials, with outer surface of textile materials, of man-made fibers. The calendar year 2001 duty rate will be 18.3% ad valorem. The calendar year 2002 duty rate will be 18.1% ad valorem.

Noting prior Customs decision 962132, October 26, 2000, the meter case is eligible for duty-free treatment under subheading 9817.00.96, HTSUSA, the provision for”[a]rticles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the foregoing articles: Other”. The general column one duty rate is “Free.” Visa and quota restrictions will still be applicable.

HTS 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kevin Gorman at 646-733-3041.


Robert B. Swierupski

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