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NY H86019




December 13, 2001

CLA-2-42:RR:NC:TA:341 H86019

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 4202.92.9060; 9817.00.96

Mr. Robert J. Leo
Meeks & Sheppard
330 Madison Avenue
39the Floor
New York, NY 10017

RE: The tariff classification of carry cases for “Diabetic Testing Systems” from Taiwan.

Dear Mr. Leo:

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

A sample of style 6957 and 7174A has been submitted. The articles are specially shaped and fitted carrying cases for diabetic testing systems. The cases are imported empty and sold at retail sale by Home Diagnostics, Inc.

Style 6957 is sold as part of Home Diagnostics, Inc. item 673348. It is made up of embossed polyvinyl chloride (PVC) sheeting of plastic. The outer surface is of (PVC) sheeting of plastic.

Style 7174A is sold as part of the Home diagnostic, Inc. item 673289. It is made up of 100 percent man-made textile materials. The outer surface is of man-made textile materials.

Both cases are secured by means of a textile zippered closure. Your samples are returned as requested.

The applicable subheading for the fitted carrying case, style 6957, 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. The calendar year 2001 duty rate will be 18.3% ad valorem. The calendar year 2002 duty rate will be 18.1% ad valorem.

The applicable subheading for the fitted carrying case, style 7174A, will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for, in part, other containers and cases, other, other, with outer surface of textile materials, of man-made fibers. The calendar year 2001 duty rate will be 18.3 % ad valorem. The calendar year

HTS 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

However, the “Diabetic Testing System Cases” are 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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