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NY H86023




December 13, 2001

CLA-2-42:RR:NC:TA:341 H86023

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 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.

The sample submitted is not identified by style number. It is described as the carrying case for the Lifescan, Inc. “One Touch Ultra™” blood glucose monitoring system. The article is a specially shaped and fitted carrying case for the glucose monitoring system. The case is a product of China and will be imported empty. The case is secured by a zipper closure. It is constructed of 100 percent man-made textile materials. The exterior surface is of man-made textile materials. Your sample is being returned as requested.

The applicable subheading for the fitted carrying case 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, 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.

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.

However, the “Lifescan Blood Glucose Monitoring 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. .

Sincerely,

Robert B. Swierupski
Director,

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