Application for further review of Protest No. 1001-1-103479;biological specimen bag; other articles of plastics; heading3926; Note 2(h), Chapter 39; bottle cases; heading 4202.

HQ 950342 January 15, 1992 CLA-2 CO:R:C:T 950342 CRS CATEGORY: Classification TARIFF NO.: 4202.92.9040 Area Director U.S. Customs Service Room 425 6 World Trade Center New York, NY 10048-0945 RE: Application for further review of Protest No. 1001-1-103479; biological specimen bag; other articles of plastics; heading 3926; Note 2(h), Chapter 39; bottle cases; heading 4202. Dear Sir: Protest No. 1001-1-103749, dated May 3, 1991, filed by E.J. Brooks Company, was referred to this office for further review. Our decision follows below. FACTS: The merchandise in question, the "Drug Control Envopak," is a carry bag containing a number of small pouches, the ensemble being designed to transport biological specimens. The pouches consist of a number of padded, reinforced, zippered, specimen containers measuring 6 inches by 3 inches by 2 3/4 inches. Specimen samples are placed in the inner containers which are then numbered and sealed to ensure chain of custody, and packed into a large outer carry bag measuring 16 inches by 15 inches by 9 inches. The outer carry bag is sealed for transportation to a hospital or testing center. Both inner and outer "Envopaks" are made from nylon material coated with polyvinyl chloride. The bags are made in England. Protestant contends that the instant specimen carrying bag is classifiable under a residual provision for other articles of plastics in heading 3926, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). ISSUE: The issue presented is whether the specimen bag in question is classifiable as an other article of plastics, or whether it is similar to certain specifically enumerated containers such that it is classifiable in heading 4202, HTSUSA. LAW AND ANALYSIS: Heading 4202, HTSUSA, provides for certain enumerated containers and articles similar thereto. Since the merchandise at issue is not specifically described, it is only classifiable in heading 4202 if it is similar to one of the enumerated articles. Among the enumerated articles of heading 4202 are bottle cases. The article in question is designed to transport and protect biological specimens during shipment. In this respect it is similar to a bottle case and accordingly, is classifiable in heading 4202. As an article of heading 4202, the specimen case is excluded from heading 3926 pursuant to Note 2(h), Chapter 39, HTSUSA. HOLDING: The article in question is classifiable in subheading 4202.92.9040, HTSUSA, under the provision for other (containers); with outer surface of plastic sheeting or of textile materials; other; other; other. The protest should be denied in full. A copy of this decision should be attached to the Form 19 Notice of Action. Sincerely, John Durant, Director