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NY J89289





October 9, 2003

CLA-2-42:RR:NC:TA:341 J89289

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road, Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of “Adult Lock Pharmaceutical Pill Organizers from China.

Dear Mr. Anderson:

In your letter dated September 15, 2003, on behalf of Apothecary Products, Inc., you requested a classification ruling.

You have submitted three samples with your request identified as item numbers 90363, 90365 and 90368. Each item consists of a specially shaped or fitted carrying case wholly made-up of textile materials. The exterior surface is on man-made fiber textile materials. The interior of each carrying case contains various sized plastic boxes.

Although you have indicated that the items are “Craft Caddy Organizers”, each plastic box is of molded plastic and designed to contain pharmaceutical prescriptions and are also known as seven-day pill organizers. The pill organizers are each made up to organize seven days of medications. The top of each individual section is embossed in Braille with the day of the week and the bottom is embossed “Adult Lock Pill reminder” followed by the size of box and the name of your client. The “Adult Lock” consists of a side button that locks and unlocks the individual sections. You have suggested classification with the tariff provision HTS 3924.90.5500 that provides, in part, for other household articles of plastics, other, other. . Goods classifiable in heading 4202 are excluded from classification in heading 3924 by Chapter 39 exclusion note 2(ij). The instant items are classifiable in heading 4202, therefore they are not classifiable in subheading 3924, HTS. Your samples are being returned as requested.

The applicable subheading for the items 90363, 90365 and 90368 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.8 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

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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