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HQ 954113


July 8, 1993

CLA-2 CO:R:C:T 954113 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9986

Mr. Ed Corbett
Phone Guard, Inc.
120 Camelia Court
Oldsmar, Florida 34677

RE: Classification of a disposable nonwoven polypropylene "Phone Guard" cover

Dear Mr. Corbett:

In your letter of April 20, 1993, you inquired about the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a disposable "Phone Guard" to be imported from Jamaica. You submitted two samples, one already packaged.

FACTS:

The sample submitted is a disposable sanitary sleeve called a "Phone Guard" which covers a telephone handset and is intended to protect the user from dirt and grime on the handset.

The "Phone Guard" is made of nonwoven polypropylene fabric. It is tubular shaped, closed on one end, and measures approximately 12-1/4 inches long by 4-3/8 inches wide. An elastic band is sewn into its midsection to allow the fabric to grip the handset of a telephone between the ear and the mouthpiece.

ISSUE:

What is the HTSUSA classification of the "Phone Guard"?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relevant section or chapter notes.
Heading 6307, HTSUSA, covers other made up articles of any textile material which are not more specifically provided for in other headings of Section XI or elsewhere in the Nomenclature. Note 7 of Section XI defines the expression "made up" to mean, inter alia, produced in the finished state, ready for use without sewing or other working. The "Phone Guard" falls under this heading because it is a "made up" article of textile fabric and because there is no more specific heading covering it.

HOLDING:

The "Phone Guard" is classified under the provision for other made up articles: other: other: other: other: other, in subheading 6307.90.9986, HTSUSA, dutiable at the rate of 7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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