CLA-2-42:OT:RR:NC:N4:441
John Burhans
Burhans Consulting LLC
P.O. Box 1252
Weston, CT 06883
RE: The tariff classification of a travel pouch for medication from China
Dear Mr. Burhans:
In your letter dated August 31, 2021, you requested a tariff classification ruling on behalf of your client, MPEA International. Photographs were submitted in lieu of samples.
The article at issue is a travel pouch. You state in your letter that it is constructed of composite leather. You assert that the material is cut resistant. The pouch features a zipper closure and a TSA- approved lock. The pouch will provide storage, protection, portability, and organization to prescription medication during travel. It is of a type that could easily be used for other articles as well. Based on the photographs provided, it is not specially shaped for a particular bottle or set of bottles nor is it shaped or fitted for a particular medical device. You have also indicated the article is not intended for, or marketed to, a specific prescription or medication. It will be imported empty.
You have suggested in your request that the article is a handbag of a type classified under subheading 4202.21.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of leather, of composition leather or of patent leather, other, valued not over $20 each. We agree with your conclusion that the article is akin to the cases and containers of Heading 4202, HTSUS. We disagree, however, that it is a handbag. Handbags are intended to carry the small personal effects normally carried on a daily basis such as a wallet, keys, or small cosmetic articles. This article is intended to securely transport medication during travel. It will be classified elsewhere within Heading 4202.
You also inquired as to whether the case is eligible for secondary classification under subheading 9817.00.96, HTSUS, as an article specially designed or adapted for use by the chronically or permanently disabled or handicapped persons. HTSUS, Chapter 98, Subchapter 17, U.S. Note 4(a), states that the term “blind or other physically or mentally handicapped persons” includes any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.
While you have indicated the pouch is intended to hold medication, there is no indication that the pouch is specially designed or adapted for use by the chronically or permanently disabled or handicapped persons within the definition set forth in the subheading. Medication is a vast category and includes treatment for an array of ailments and conditions outside of those for treating chronic conditions. Moreover, U.S. Note 4(b), subchapter XVII, Chapter 98, HTSUS, which establishes limits on classification of products in these subheadings, states as follows: (b) Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do not cover-- (i) articles for acute or transient disability; (ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled; (iii) therapeutic and diagnostic articles; or (iv) medicine or drugs. Since the medicine and drugs themselves are not afforded special tariff treatment, it is the opinion of this office that a travel pouch for medicine or drugs will not be afforded special treatment. As such, the case is not eligible for secondary tariff treatment under subheading 9817.00.96, HTSUS.
The applicable subheading for the travel pouch will be 4202.91.9030, HTSUS, which provides for travel, sports, and similar bags, with outer surface of leather or of composition leather. The general rate of duty will be 4.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4202.91.9030, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 4202. 91.9030, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 Vikki Lazaro at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division