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NY H88597




February 27, 2002

CLA-2-39:RR:NC:SP:222 H88597

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

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

RE: The tariff classification of a plastic cell phone holder from China.

Dear Mr. Liberati:

In your letter dated February 7, 2002, on behalf of Deb Shops, Inc., you requested a classification ruling.

The submitted sample is identified as a cell phone holder, item number 10896. It is made of molded plastic and fashioned with the face of a frog-like creature. The frog-like creature appears to be lying on its back with the rear legs extended to hold the cell phone in place. The bottom of the cell phone holder is flat so that it can be placed on a mantle, shelf or tabletop. The submitted sample contains a circuit board. However, your letter of inquiry states that this cell phone holder will be imported without the circuit board. In our opinion, the cell phone holder will be used in and around the home.

The applicable subheading for the plastic cell phone holder will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: Other: other. The rate of duty will be 3.4 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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