CLA-2-40 OT:RR:NC:N2:235
Mr. John Lorinz
Lorola Corporation 41-13 57th Street Woodside, NY 11377
RE: The tariff classification of Safe Sex in a Bottle from China.
Dear Mr. Lorinz:
In your letter dated November 20, 2015, you requested a tariff classification ruling. A sample was provided.
The merchandise at issue is identified as Safe Sex in a Bottle. The item comprises a single condom of natural rubber contained within a disposable plastic container shaped like a bottle. The plastic container is not suitable for reuse, and will be discarded after it is opened. The plastic container would be considered packing material, in accordance with General Rule of Interpretation 5(b), and thus would be classified with the condom with which it is being imported.
The applicable subheading for Safe Sex in a Bottle will be 4014.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Hygienic or pharmaceutical articles (including nursing nipples), of vulcanized rubber other than hard rubber, with or without fittings of hard rubber: Sheath contraceptives.” The general 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 Kimberly Praino at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division