The tariff classification of a Placebo Liletta Product from Belgium

N264333 May 28, 2015 CLA-2-90:OT:RR:NC:N1:405 CATEGORY: Classification TARIFF NO.: 9023.00.0000 Mr. James Alvarez Actavis Pharma Incorporated Bo. Cotto Norte KM 45.7 Carr #2 Manati, PR 00674 RE: The tariff classification of a Placebo Liletta Product from Belgium Dear Mr. Alvarez: In your letter dated April 30, 2015, you requested a tariff classification ruling. The merchandise under consideration is referred to as a placebo liletta product which when imported is never processed into a usable contraceptive. This product is used only for training purposes. At the time of importation, the condition and packaging of a usable contraceptive system and the placebo differ. The usable contraceptives are imported sterilized while the placebos, shipped separately, are imported in bulk for conversion into demo kits and are not sterilized. The placebos do not contain any active ingredients. The placebos are used in a 3D model that simulates the cervix. The placebo has a blue T-frame while the active contraceptive has a white T-frame. Labeling and physical dimensions of the packaging are also different with the placebo kit being much larger. The applicable subheading for the Placebo Liletta Product will be 9023.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof”. The rate of duty will be Free. 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 ruling, contact National Import Specialist Patricia O’Donnell at patricia.k.odonnell@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division