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NY F82856




February 11, 2000

CLA-2-42:RR:NC:341:F82856

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060; 4820.10.2050

Mr. Mark Majors
Payless Shoesource Inc.
3231 SE Sixth Street
Topeka, KS 66607

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

Dear Mr. Majors:

In your letter dated January 28th, 2000, you requested a tariff classification ruling.

Item 7191 is referred to as a "Sport Mesh Cell Phone Case". It is a carrying case for a cell phone, which also incorporates a zippered section, fitted to contain 3 credit cards, an identification card, pen, memo pad and a zippered coin purse. It is now presented containing a bound memo pad. The case may be carried on the person by either a detachable shoulder strap, a detachable swagger strap or by being worn on the person on a waist belt. The case measures 6"x 2.25" x 2.5" and is mainly covered with sheeting of fabric backed plastic sheeting of compact Polyvinyl Chloride (PVC) plastic. The exterior surface is of plastic sheeting.

Although the article does incorporate wallet like features, item 7191 is not an article of a kind normally carried in the pocket or in a handbag. A person primarily carries it either in the hand, on the shoulder or on the waist. Taken as a whole, item 7191 is primarily a carrying case.

The applicable subheading for the carry case portion of #7191 will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity caseswith outer surface of sheeting of plastic or of textile materialsother. The rate of duty will be 18.6% ad valorem.

The applicable subheading for the notebook of #7191 will be 4820.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries, and similar articlesother. The rate of duty will be 1.6% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Your sample is being returned as requested.

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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