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NY F82436




February 11, 2000

CLA-2-42:RR:NC:TA:341 F82436

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Eric Jones
C Air International, Inc.
11222 S. La Cienega Boulevard, Suite 100
Inglewood, CA 90304

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

Dear Mr. Jones:

In your letter dated January 24, 2000, on behalf of Fashion Accessory Bazaar, you requested a classification ruling for a novelty cellular phone holder.

The sample submitted, no style number indicated, is a specially fitted holder in the shape of a plush animal 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 dual cut-outs on top for the phone antenna. The front open area makes the keypad accessible. The useful functions as a cellular phone container are greater than any function as an amusement for children or adults. The article is manufactured with an exterior surface of synthetic man-made materials with a textile interior lining. Your sample is being returned as requested.

The applicable subheading for the novelty cellular phone holder 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.

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.

Sincerely,

Robert B. Swierupski
Director,

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