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NY H86022

December 13, 2001

CLA-2-42:RR:NC:TA:341 H86022


TARIFF NO.: 4202.92.9060; 9817.00.96

Mr. Robert J. Leo
Meeks & Sheppard
330 Madison Avenue
39the Floor
New York, NY 10017

RE: The tariff classifications of a “Glucose Testing Kit” carry case from China.

Dear Mr. Leo:

In your letter dated December 3, 2001, on behalf of Koszegi Industries, Inc., you requested a classification ruling.

A sample of style 6900 has been submitted. The article is a specially shaped and fitted carrying case made up for retail sale with a blood glucose monitoring system sold by Lifescan, Inc. It is identified as “One Touch® Profile”, “One Touch® Basic” and “SureStep®. The case is a product of China and will be imported empty and packaged with the testing kit by Lifescan, Inc. The case is secured by a zipper closure. It is constructed of embossed polyvinyl chloride (PVC) plastic sheeting. The exterior surface is of plastic sheeting. Your sample is being returned as requested.

The applicable subheading for the fitted carrying case, style 6900, will be 4202.92.9060, 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. The calendar year 2001 duty rate will be 18.3% ad valorem. The calendar year 2002 duty rate will be 18.1% ad valorem.

However, the “Lifescan Glucose Testing Kit 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.

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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