CLA-2-39:OT:RR:NC:N4:422
Ms. Elisabeth Perby
MonthlyCup
Linjegatan 6
Halmstad 30250
Sweden
RE: The tariff classification of a reusable menstrual cup from Sweden.
Dear Ms. Perby:
In your letter dated December 12, 2018, you requested a tariff classification ruling.
You submitted samples and detailed descriptions of three styles of an item identified as the MonthlyCup. The MonthlyCup is a reusable menstrual cup composed of silicone, worn inside the vagina during menstruation to collect menstrual fluid. The cup shall be taken out approximately 2-4 times/day. The cup shall not be inserted for more than 12 hours without being taken out. The MonthlyCup will be made in three model sizes to allow for the variability of the female vagina due to normal differences between women. In addition to the three model sizes, the MonthlyCup will be made in several different colors. The cup is designed in three sizes to facilitate different needs, based on menstrual flow. The MonthlyCup will not be supplied sterile.
The mini size is especially made for the first years of menstruation and this is actually one of the smallest cups on the market. A little softer and a little smaller, it can hold 15ml. The normal size can hold 22ml and is suitable for most. The plus size can hold 34ml.
The applicable subheading for the mini, normal, and plus sizes of the MonthlyCup will be 3926.90.2100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: other: …pessaries, prophylactics; bulbs for syringes; syringes (other than hypodermic syringes) and fittings therefor, not in part of glass or metal.” The duty rate will be 4.2 percent ad valorem.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Sandra Carlson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division