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NY D82202




October 27, 1998

CLA-2-42:1B:CO:G07 D82202

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Tim Parsons
Parsons Trading
Five Thunderbird Drive
Ignacio, California 94949-5883

RE: The tariff classification of a cellular phone case from China

Dear Mr. Parsons:

In your letter dated August 21, 1998, you requested a tariff classification ruling. This amended letter replaces our letter dated September 29, 1998. A sample was submitted for our examination.

The submitted sample, "cellular phone jacket," is a case specially shaped and fitted to carry a cellular telephone during travel. It measures approximately 7« x 7 inches. It features a single main compartment, dog leash hook, a belt loop and a Velcro-secured flap closure. The outer surface is comprised of a knitted, manmade material (neoprene). Your sample is herein returned.

The applicable subheading for the cellular phone case will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for: Trunks, suitcases, vanity cases attach‚ cases, brief cases, school cases, musical instrument cases, gun cases, holsters and similar containers; with outer surface of sheeting of plastic or of textile materials; Of textile material; Other: Other; Of manmade fibers. The rate of duty will be 19% ad valorem.

Item number 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 may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

May we direct your attention to Part 134, Customs Regulations (19 C.F.R. 134) which implements the country of origin markings and exceptions. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.1304) provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. The cellular phone case is not marked in accordance with the referenced statute.

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.

Sincerely,

Jon A. Batt
Port Director

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