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NY J83008




April 10, 2003

CLA-2-42:RR:NC:3:341 J83008

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060, 9817.00.96

Irina Vaysfeld
C/o Meeks & Sheppard
330 Madison Avenue
39th Floor
New York, New York 10017

RE: The tariff classification of a “Blood Glucose Monitoring System” meter case from China

Dear Ms. Vaysfeld:

In your letter dated April 3rd, 2003 you requested a tariff classification ruling. The request is on behalf of Koszegi Industries, Inc.

The sample submitted , identified as Part #THMTN-0585-B “Blood Glucose Monitoring System” meter case, is a specially shaped and fitted carrying case made up for retail sale with a diagnostic blood glucose testing system that is sold by TheraSense, Inc. The case measures approximately 7.64” x 5.5” when open and 5.88” x 4” when closed. The exterior is blue nylon with double polyurethane coating and features one hook and loop enclosed mesh pocket. You indicate the mesh pocket is designed to hold the meter . The other side of the exterior features a hook and loop secured mesh belt loop that you say holds accompanying articles. The interior of the case is black nylon with single polyurethane coating. It consists of a mesh pocket with a zipper closure. You indicate the flapped pocket is designed to hold lancets. When the case is opened, there are two loop elastic bands and one loop PVC band which you say are designed to hold articles such as a pen, test strips, and control solution. The meter case is double-lined with polyurethane. The sample will be returned as requested.

The applicable subheading for the blood glucose monitoring meter case will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for other cotainers and cases, other, other, with outer surface of sheeting of plastic or of textile materials. The rate of duty will be 17.8 percent ad valorem.

Following HRL 964169 JFS, June 26th, 2001, a secondary classification will apply for this item in HTS 9817.00.96, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped, free of duty and user fees (if any), if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P. Note that this classification has no effect on any quota, visa, or restricted merchandise requirements.

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 classification in 9817.00.96 of this item, contact National Import Specialist Jim Sheridan at 646-733-3012. If you have any other questions regarding the ruling, contact National Import Specialist Kevin Gorman at 646-733-3041 or James Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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