OT:RR:CTF:CPMM H187695 KSG
Jan M. Maduro, Esq.
Maduro Law Office, PSC
P.O. Box 9022947
San Juan PR 00902
RE: NY N153956; tariff classification of plastic sleeve designed to hold contraceptive pills
Dear Mr. Maduro:
This ruling is in reference to your request for reconsideration of New York Ruling Letter (NY) N153956, dated April 14, 2011, regarding the classification and country of origin marking of a plastic sleeve designed to hold contraceptive pills under the Harmonized Tariff Schedule of the United States (HTSUS). We have referred the issue of the country of origin marking of the article to the Food, Textiles and Marking Branch for its review.
In NY N153956, U.S. Customs & Border Protection (CBP) classified the plastic sleeve in subheading 4202.32.20, HTSUS, which provides for “Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper: Trunks, suitcases, vanity cases, attache cases, briefcases, school satchel and similar containers: With outer surface of plastics or textile materials: with outer surface of plastics: Articles of a kind normally carried in the pocket or in a handbag: With outer surface of sheeting of plastics or of textile materials: Other.”
We have reviewed the tariff classification of the plastic sleeve decided in NY N153956 and affirm it.
The article involved is a black plastic sleeve designed to contain packaged contraceptive pills made up in a monthly dosage are produced for sale in bulk for the pharmaceutical company. The sleeves are repackaged by the pharmaceutical company with a monthly 28-day dosage of contraceptive pills contained in a blister pack, which are together packaged in a sealed foil. The sealed foil monthly dosages are then packaged in boxes, which are then packaged into cartons. The consumer purchases the monthly dosage of pills packaged in foil in a box. The sleeves are made of cellular plastic sheeting not reinforced with a textile material and measure 3.75” x 4.5”. The sleeves are rectangular, and do not have a closure. A sample was provided.
In Headquarters Ruling Letter (HQ) W968315, dated October 13, 2006, CBP held that a clear polyvinyl chloride pouch with a zipper opening and an outside pocket of a size suitable for a business card and printing of an internet website address for a prescription drug, the drug’s trademark and the phrase “Please read enclosed patient information” was classified in heading 4202, HTSUS. The articles in the instant case are akin to the pouches in HQ W968315, which were designed to organize, store, protect or carry prescription drugs.
Accordingly, we conclude that NY N153956 is correctly classified in subheading 4202.32.20, HTSUS, as a container.
Sincerely,
Myles B. Harmon, Director
Commercial and Trade Facilitation Division