CLA-2-39:RR:NC:N2:221 G89619

Mr. Luis Montanez
Domo International Corp.
1056 Euclid Avenue, Suite 1
Miami Beach, FL 33139

RE: The tariff classification of condoms from Korea.

Dear Mr. Montanez:

In your letter dated March 17, 2001, you requested a tariff classification ruling.

You identified the product as condoms but did not submit a sample or indicate the component material of the condoms.

The applicable subheading for the condoms, when made of plastics, will be 3926.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics...ice bags; douche bags, enema bags, colostomy bags, hot water bottles, and fittings therefor; invalid and similar nursing cushions; crutch tips and grips; dress shields; finger cots; pessaries; prophylactics; sanitary belts; bulbs for syringes; syringes (other than hypodermic syringes) and fittings therefor, not in part of glass or metal. The general rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the condoms, when made of rubber, will be 4014.10.0000, HTS, which provides for hygienic or pharmaceutical articles…of vulcanized rubber other than hard rubber…sheath contraceptives. This provision is free of duty.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-6553.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division