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NY N019904

December 3, 2007



TARIFF NO.: 3923.90.0080

Mr. Randy Brintnell
Norman G. Jensen, Inc.
172 West Stutsman Street
Pembina, ND 58271

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of a medication blister case from China, combined with other components in Canada, Article 509

Dear Mr. Brintnell:

In your undated follow-up letter, which was received in this office on November 19, 2007, you requested a ruling on the status of a medication blister case under the NAFTA. The request was filed on behalf of Manrex Ltd., Canada.

The sample submitted with your request is identified as a medication blister case or Medicase medication delivery system. The product is a disposable blister package system designed for the packaging of medication. The system is sold to pharmacists as a kit consisting of a blister package, a printed plastic film top seal and a pressure sensitive paper label. The blister package is molded to incorporate 28 compartments and has a folding lid that snaps closed. The tray is designed to hold a week’s worth of medications, and is organized with 7 horizontal rows with 4 compartments arranged vertically in each row. The top seal is a sheet of clear plastic film that is printed at the top with the seven days of the week and printed on the sides with the words morning, noon, evening and night. There are 28 scored windows in the seal so that the covering can be removed from each compartment individually.

The blister pack system is sold to pharmacists who place the customer’s weekly prescription medication into the trays. After filling the trays, the pharmacist removes the backing strips from the edges of the top seal, revealing the pressure sensitive border. He then places the seal over the filled tray to keep the medications secure in the individual compartments and in an airtight environment. He closes the lid over the tray and applies the paper label onto the lid. The label includes spaces to fill in the name of the customer and the name of the pharmacy. The blister package is disposed of after the contents are used.

The applicable subheading for the medication blister case kit/Medicase medication delivery system will be 3923.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for the conveyance or packing of goods, of plastics, other. The general rate of duty will be 3 percent ad valorem.

You ask whether the medication delivery system is eligible for duty free treatment under the NAFTA. The blister case is made in China. The label is a product of the United Kingdom. The top seal is a product of Canada. The three items will be assembled into a kit in Canada.

General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if--

(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or

(B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or

(iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or

(iv) they are produced entirely in the territory of Canada, Mexico and/or the United States but one or more of the nonoriginating materials falling under provisions for "parts" and used in the production of such goods does not undergo a change in tariff classification because--

(A) the goods were imported into the territory of Canada, Mexico and/or the United States in unassembled or disassembled form but were classified as assembled goods pursuant to general rule of interpretation 2(a), or

(B) the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts,
provided that such goods do not fall under chapters 61 through 63, inclusive, of the tariff schedule, and provided further that the regional value content of such goods, determined in accordance with subdivision (c) of this note, is not less than 60 percent where the transaction value method is used, or is not less than 50 percent where the net cost method is used, and such goods satisfy all other applicable provisions of this note.

Based on the facts provided, the goods described above do not qualify for preferential treatment under the NAFTA because none of the above requirements are met. The non-originating medication blister case does not undergo the change in tariff classification required by General Note 12(t)/39.7, HTSUS. The country of origin of the case is considered to be China.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter to the Director, Commercial Rulings Division, Headquarters, U.S. Customs and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229.

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 646-733-3023.


Robert B. Swierupski

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