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May 10, 1999

CLA-2-42:RR:NC:TA:341 E81459

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

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

Dear Ms. Wierbicki:

In your letter dated April 28, 1999, on behalf of Avon Products, Inc., you requested a classification ruling for a cellular phone carrying case.

The sample submitted, identified as a “Cellular Phone Organizer” – PP 191015, is a carrying case generally shaped and fitted for a cellular phone. It is primarily designed to carry a device similar to a cellular phone. The case is manufactured with an exterior surface of 100 percent nylon textile material. The opposite side of the case features a zippered compartment which contains a note pad, a zippered change pocket and credit/business card slots. The item measures approximately 6 ½” x 3” x 2 ½”. The exterior features a textile covered metal clip for attaching to the inside of a pocket or a belt loop, in addition to a removable strap for carrying by hand. Your sample is being returned as requested.

The applicable subheading for the Item PP-191015, the cellular phone case of nylon 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 18.8 percent ad valorem.

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.USTREAS.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.

Sincerely,

Robert B. Swierupski
Director,

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