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NY 805681




January 19, 1995

CLA-2-42:S:N:N6:341 805681

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025

Ms. Christina Arizmendez
Earth Customs, Inc.
9920 La Cienega Blvd. - Suite 816
Inglewood, CA 90301

RE: The tariff classification of a cellular telephone case from China.

Dear Ms. Arizmendez:

In your letter dated January 3, 1995, on behalf of West Coast Trends, you requested a classification ruling for a cellular telephone case.

You have submitted a sample of a custom fitted cellular telephone case designed for a "Motorola Flip Phone". The case has a top hole for an antenna and an opening for dialing and speaking. It is composed of 100 percent neoprene (textile material) which allows the case to stretch for an exceptional fit. The item measures approximately 5 3/4 inches in height by 3 1/2 inched in width. It is secured by means of hook and loop fastener. The front of the fastener features the "Cell Sox" trademark. Your sample is being returned as you requested.

The applicable subheading for the cellular telephone case of 100 percent neoprene will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, camera cases and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19.8 percent ad valorem.

Items classifiable under 4202.92.9025 fall 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 may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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