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NY H87865





February 1, 2002

CLA-2-83:RR:NC:1:118 H87865

CATEGORY: CLASSIFICATION

TARIFF NO.: 8308.90.9000

Ms. Marlo Duran
The I.C.E. Co., Inc.
9111 S. La Cienega Blvd., Suite 203
Inglewood, CA 90301

RE: The tariff classification of a 3-piece clip set from Korea.

Dear Ms. Duran:

In your letter dated January 25, 2002, on behalf of your client FSL Electronics Pty Ltd., you requested a tariff classification ruling.

You have described your sample, model CA-17543, as a rotating (swivel) 3-piece clip set. It will be used as a cell phone accessory that allows the user to clip the cell phone to a belt, pocket, purse, etc. The components are made of plastics with the clasping element being made of steel.

The applicable subheading for the 3-piece clip set will be 8308.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for clasps, frames with clasps, buckles, buckle clasps, hooks, eyes, eyelets and the like and parts thereof, of base metal, of a kind used in clothing, footwear, awnings, handbags, travel goods or other madeup articles; tubular or bifurcated rivets of base metal; beads and spangles of base metal: other including parts: other. The rate of duty will be 2.7% ad valorem.

Consideration has been given to classify your product under subheading 8517.90.9880, HTS as you have suggested. However, it has been deemed inappropriate as that provision does not apply to cell phones. The provision for cell phones, subheading 8529.90.9900, HTS, is also inapplicable as it does not provide for accessories.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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