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NY H88596




February 20, 2002

CLA-2-42:RR:NC:TA :341 H88596

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Bernard D. Liberati
Morris Friedman & Co.
325 Chestnut Street, Suite 415
Philadelphia, PA 19106-3883

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

Dear Mr. Liberati:

In your letter dated February 7, 2001, on behalf of Deb Shops, Inc., you requested a tariff classification ruling for a cellular phone case.

You have submitted a sample and literature of an item described as CP-35 “Chip Monkey”. The item is a novelty case specially designed and fitted to contain a cellular phone. The case provides storage, protection, organization and portability to the phone both when in use or not. The case is manufactured with an exterior surface of plush man-made textile materials. It measures approximately 2 ½”(W) x 6”(H) x 1 ½”(D). The top of the case is secured by means of a flap with a hook and loop fastener. A removable carry strap is attached to the case by means of dog leash-type fasteners.

The applicable subheading for the cellular phone case 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, of man-made fibers. The rate of duty will be 18.1 percent ad valorem.

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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