CLA-2 CO:R:C:G 082698 NLP

Ms. Siegi Spyropoulos
Allergan International
2525 Dupont Drive
Irvine, CA 92715

RE: Plastic contact lens storage case

Dear Ms. Spyropoulos:

This is in response to your letter, dated May 23, 1988, requesting a tariff classification ruling for a plastic contact lens storage case under the Harmonized Tariff Schedule of the United States (HTSUS). A sample was submitted for examination.

FACTS:

The contact lens storage case is made of injection molded plastic and is imported from Taiwan.

ISSUE:

Whether the plastic contact lens storage case is classifiable under subheading 4202.32, which provides for articles of a kind normally carried in the pocket or handbag with an outer surface of plastic sheeting, or heading 3923, which provides for articles for the conveyance or packing of goods, of plastics?

LAW AND ANALYSIS:

The Explanatory Notes to the HTSUS are the official interpretation of the tariff at the international level. The Explanatory Notes to heading 4202 state that articles covered by the second part of the heading, i.e., "traveling bags, toiletry bags...and similiar containers", are limited by material. They must only be of the materials specified in heading 4202, or must be wholly or mainly covered with such materials.

-2-

Subheading 4202.32.1000, HTSUS, provides for articles of a kind normally carried in the pocket or in the handbag: with outer surface of plastic sheeting: of reinforced or laminated plastics. Since the plastic contact lens storage case is not made of reinforced or laminated plastic, it cannot be classified under subheading 4202.32.1000.

Subheading 4202.32.2000, HTSUS, provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of plastic sheeting, other. Merchandise must be of plastic sheeting to be classified in this subheading.

Various dictionaries define the word sheet and sheeting as follows:

The Random House Dictionary of the English Language (1983):

sheet 2. a broad, relatively thin, surface layer or covering.

3. a relatively thin, usually rectangular form, piece, plate, or slab as of photographic film, glass, metal, etc..

sheeting 1. the act of covering with or forming into sheet or sheets.

Webster's Third New International Dictionary of the English Language, Unabridged (1986):

sheet 5. a broad thinly expanded portion of metal or other substance.

sheeting 1. a material in the form of sheets *** b: material (as a plastic) in the form of continous film ***.

The above-cited definitions require a finding that an article which is made directly from a mass of plastic which never becomes a "sheet" or "sheeting" and which never has a "sheet" or "sheeting" applied to its surface cannot be classified under the provision for articles with outer surface of plastic sheeting in subheading 4202.32.2000.

-3-

HRL 083600, dated May 24, 1989, dealt with the classification of a three-lipstick purse compact case, which was made of injection molded plastic. The ruling held that the compact was not made of plastic sheeting and was classifiable as plastic articles for the conveyance of goods in heading 3923. The contact lens storage case at issue is also made of an injection mold plastic and, therefore, is not made of plastic sheeting and is not classifiable under subheading 4202.32.2000.

As to whether the lens case is an article for the conveyance or packing of goods, we note that the Explanatory Notes for heading 3923 state that the heading covers all articles of plastics commonly used for packing or conveyance of all kinds of products. Inasmuch as the lens case is a case used to convey contact lenses, it is classifiable under subheading 3923.10.0000 as articles for the conveyance or packing of goods, of plastic: boxes, cases, crates and similiar articles.

HOLDING:

The plastic contact lens storage case is classifiable under subheading 3923.10.0000, and it is dutiable at the rate of 3 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division