United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2002 HQ Rulings > HQ 965371 - HQ 965434 > HQ 965424

Previous Ruling Next Ruling
HQ 965424




March 25, 2002

CLA-2 RR: CR: TE 965424 ttd

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060, 9817.00.96

Robert J. Leo
Meeks & Sheppard
330 Madison Ave., 39th Floor
New York, NY 10017

RE: Classification of a Carrying Case for a Blood Glucose Monitoring System; Diabetes; Nairobi Protocol; Subheading 9817.00.96, HTSUSA; Articles Specially Designed or Adapted for the Use or Benefit of the Blind or Other Physically or Mentally Handicapped; Heading 4202, HTSUSA; Binocular Cases, Camera Cases, Musical Instrument Cases and Similar Containers; Not Heading 9027, HTSUSA; Not Accessories of Instruments and Apparatus for Physical or Chemical Analysis

Dear Mr. Leo:

This is in response to your letter, dated January 16, 2002, on behalf of Koszegi Industries, Inc., requesting a binding ruling classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a meter carrying case for a "Diabetes Care System." Your request for classification was forwarded to U.S. Customs Headquarters, Office of Regulations & Rulings. A sample was submitted and, per your request, is being returned to you, under separate cover.

FACTS:

The article under consideration is a carrying case (Style BAMTA-0240-K) for a "Diabetes Care System. In your letter, you submit that the product was designed specifically and exclusively for Bayer Corporation of Elkhart, Indiana (Bayer) for use as an accessory with Bayer's "Diabetes Care Systems." The Bayer "Diabetes Care Systems" include the "Glucometer Dex® Diabetes Care System," "Glucometer Elite® Diabetes Care System," "Glucometer Genesis® Diabetes Care System," and the "Glucometer Catalysis® Diabetes Care System." The Style BAMTA-0240-K case will be used with all the Bayer systems. The BAMTA-0240-K meter case is sold exclusively by Bayer in kits that include: a blood glucose meter; test strips; control solution; blood sampling device; lancets; owner's booklet; meter case; reference guide; warranty card; batteries and logbook. The kits are designed and adapted for use by persons suffering from diabetes. The Bayer "Diabetes Care Systems" are used by diabetic persons for testing blood glucose levels. The meter case must be purchased as part of the "Diabetes Care System" and is not sold separately.

The meter case measures approximately 8-3/4 inches in width by 5 inches in length in the "open" position and 4 inches in width by 5 inches in length by 1-3/4 inch in depth in the "closed" or "folded" position. The exterior is black vylon polyvinyl chloride (PVC). There is a "stiffener" of approximately 4 mm thickness polyethylene foam. You claim that the thickness of the exterior surface and the "stiffener" act to protect the meter and the other contents. The Bayer logo will be printed on the case's exterior.

One side of the interior of the case features one mesh pocket, designed to hold the blood glucose meter. The other side has one mesh pocket designed to hold the lancets and control solution. You claim that the mesh material helps protect the meter from being scratched. On the side opposite the mesh pocket which holds the meter is a large polyester elastic band for accessories, and in the center of the case is a polyester band designed to hold the blood sampling device.

You assert that under The Nairobi Protocol to the Agreement on the Importation of Educational, Scientific and Cultural Materials Act of 1982, (hereafter "Nairobi Protocol) the subject "Diabetes Care System" meter cases are properly classifiable in subheading 9817.00.96, HTSUSA, at a "Free" rate of duty.

ISSUE:

Whether the carrying case for blood glucose monitoring system is properly classifiable under heading 4202, HTSUSA, as a similar container to the eo nomine exemplars of the heading.

Whether the carrying case for a blood glucose monitoring system is eligible for duty-free treatment under subheading 9817.00.96, HTSUSA.

LAW AND ANALYSIS:

Headquarters Ruling Letter (HQ) 964614, dated August 21, 2001 (copy enclosed), addresses Customs position on the classification of the "Diabetes Care System" meter cases. See also HQ 964765, dated June 25, 2001; HQ 964613, dated June 25, 2001; and HQ 962132, dated October 26, 2000. In HQ 964614, a carrying case for a "blood glucose monitoring" meter, nearly identical to the one at issue, was classified under subheading 4202.92.9060, HTSUSA. Moreover, pursuant to HQ 561283, dated August 26, 1999, which was relied upon in HQ 964614 (cited above), the subject carrying 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." Accordingly, we incorporate the LAW AND ANALYSIS section of HQ 964614 (cited above) in this decision, as it is dispositive of the issue raised.

The merchandise under consideration should be classified in subheading 4202.92.9060, HTSUSA, which provides for "Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber, or of paperboard, or wholly or mainly covered with such materials or with paper: Other: With outer surface of sheeting of plastic or of textile materials: Other: Other, Other: Other." However, the subject carrying 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."

HOLDING:

The carrying case for the "Diabetes Care System" meter is classified under subheading 4202.92.9060, HTSUSA. However, pursuant to Customs prior decision in HQ 561283 (cited above), the carrying 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."

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: