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NY F83021

February 22, 2000

CLA-2-42:RR:NC:TA:341 F83021


TARIFF NO.: 4202.92.9026

Mr. John A. Carrier
1145-A Arroyo Avenue
San Fernando, CA 91340

RE: The tariff classification of a cellular phone holder from China.

Dear Mr. Carrier:

In your letter dated February 9, 2000, you requested a classification ruling for a cellular phone holder.

The sample submitted, described as a “Cellphone Cover”, number 20900, is a specially fitted holder designed for a cellular phone. The holder provides storage, protection, organization and portability to the phone both when in use or not. The article has a molded plastic belt clip attached to the back and a textile carrying strap attached by a clip to the top. The body has an opening at the top for the phone antenna and an opening in the bottom for accessory attachments. The front cover is attached at the top and stretches across the front for form-fitting the cellular phone. The article is manufactured with an exterior surface of woven jersey (man-made fibers) laminated over neoprene.

The applicable subheading for the cellular phone holder of man-made textile materials will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, other, of man-made fibers. The duty rate will be 18.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the similar article of “denim” material. Your request for a classification ruling should include an actual sample of the item as being imported and a composition breakdown identifying what the “denim” is made of.

HTS 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kevin Gorman at 212-637-7091.


Robert B. Swierupski

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