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NY H85923




December 31, 2001

CLA-2-42:RR:NC:3:341 H85923

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060; 9817.00.96

Mr. Robert J. Leo
C/o Meeks and Sheppard Madison Avenue
39th Floor
New York, NY 10017
RE: The tariff classification of Fitted Cases for Blood Glucose Monitoring Device (Style#6487) from China.

Dear Mr. Leo:

In your letter dated December 3, 2001 you requested a classification ruling. The request is on behalf of Koszegi Industries, Inc.

A sample of style 6487 has been submitted. The article is a specially shaped and fitted carrying case for a Lifescan™ blood glucose diagnostic and monitoring system. It is a product of China. The case is secured by a zipper closure. It’s exterior front and back panels are constructed wholly of sheeting of plastic and the middle zipper tapes are of man-made textile materials. The request is on behalf of Koszegi Industries. The sample will be returned as requested.

The applicable subheading for the fitted carrying case, style 6487, will be 4202.92.9060, 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, other, other. The calendar year 2001 duty rate will be 18.3% ad valorem.. The calendar year 2002 duty rate will be 18.1% ad valorem.

Noting prior Customs decision 962132, October 26, 2000, the 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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