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NY 868053





November 15, 1991

CLA-2-40:S:N:N1:119 868053

CATEGORY: CLASSIFICATION MARKING OTHER AGENCY REQUIREMENTS

TARIFF NO.: 4014.10.0000

Mr. Ming Ching Lee
200 West 93rd Street - Suite 2B
New York, NY 10025

RE: The tariff classification of Condoms from China

Dear Mr. Lee:

In your letter dated October 16, 1991, you requested a tariff classification ruling.

Based on the information you have furnished, the condoms are made of natural rubber latex, have reservoir ends and are lubricated. They are packaged 12 to a retail box.

The applicable subheading for the condoms will be 4014.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for hygienic or pharmaceutical articles... of vulcanized rubber other than hard rubber... sheath contraceptives. The rate of duty will be 4.2 percent.

The sample box of condoms you have furnished is marked "Made in China" on the front of the package in 3/16 of an inch letters in contrasting color. Such marking would satisfy Customs' country of origin marking requirement.

Condoms are subject to the regulations of the Food and Drug Administration (FDA). The packaged product is required to be fully labeled and an FDA Form 701 must be submitted to Customs with the entry documents. If you require additional information, you may contact the local FDA office at 850 Third Avenue, Brooklyn, NY 11232.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Your sample is being returned as requested.

Sincerely,

Jean F. Maguire
Area Director

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