CLA-2-40:S:N:N1:119 868053
Mr. Ming Ching Lee
200 West 93rd Street - Suite 2B
New York, NY 10025
RE: The tariff classification of Condoms from China
Dear Mr. Lee:
In your letter dated October 16, 1991, you requested a
tariff classification ruling.
Based on the information you have furnished, the condoms are
made of natural rubber latex, have reservoir ends and are
lubricated. They are packaged 12 to a retail box.
The applicable subheading for the condoms will be
4014.10.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for hygienic or pharmaceutical articles...
of vulcanized rubber other than hard rubber... sheath
contraceptives. The rate of duty will be 4.2 percent.
The sample box of condoms you have furnished is marked "Made
in China" on the front of the package in 3/16 of an inch letters
in contrasting color. Such marking would satisfy Customs'
country of origin marking requirement.
Condoms are subject to the regulations of the Food and Drug
Administration (FDA). The packaged product is required to be
fully labeled and an FDA Form 701 must be submitted to Customs
with the entry documents. If you require additional information,
you may contact the local FDA office at 850 Third Avenue,
Brooklyn, NY 11232.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Your sample is being returned as requested.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport