The tariff classification of diabetes monitoring carrying cases

N050618 March 4, 2009 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.9026, 9817.00.96 Erin Barclay Thule Organization Solutions, Inc. 6303 Dry Creek Parkway Longmont, CO 80503 RE: The tariff classification of diabetes monitoring carrying cases Dear Mr. Barclay: In your letter dated January 30, 2009 you requested a tariff classification ruling. The samples which you submitted are being returned as requested. The submitted samples are diabetes monitoring cases constructed with an outer surface of man-made textile material. They are specially shaped and fitted carrying cases designed to provide organization, portability, storage, and protection to blood glucose monitoring systems. Style 1 opens like a book and has a zippered mesh pocket on the left side, and four different sized elastic loops on the right side. This case secures with a nylon zipper closure along three sides and measures approximately 4” (W) x 6” (L) x 1.75” (D). Style 2 also opens like a book. It has an elastic loop on the left side, an elastic loop at the center spine, and a zippered mesh pocket on the right side. It also secures with a nylon zipper closure along three sides and has a belt loop on the rear exterior. It measures approximately 3” (W) x 5” (L) x 1.75” (D). Both have “TRUE” imprinted on their front face. You stated in your letter that they will be shipped directly to a kitter who will fill the cases with the diabetes monitor and accessories before they are sold to the final consumer as a complete kit. The primary classification for Styles 1 and 2 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The two cases are quite similar to the carrying cases for blood glucose monitoring systems in Headquarters Ruling Letter 965424, 3-25-02. On that basis, if you choose to do so, a secondary classification will apply for these two items in HTSUS 9817.00.96, as “other” articles specially designed or adapted for the use or benefit of … physically or mentally handicapped persons, parts and accessories … that are specially designed or adapted for use in the foregoing, free of duty and user fees (if any), if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P. Note that this classification has no effect on any quota, visa, or restricted merchandise requirements. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 classification in 9817.00.96 of this item, contact National Import Specialist Jim Sheridan at 646-733-3012. If you have any questions regarding the ruling, contact National Import Specialist Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division