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NY J85821




July 1, 2003

CLA-2-42:RR:NC:TA:341 J85821

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Charles G. Hartill
Charles G. Hartill, LCHB
Capital Transportation
147-217 175th Street
Jamaica, NY 11434

RE: The tariff classification of cellular phone holders from Taiwan and/or China.

Dear Mr. Hartill:

In your letter dated June 23, 2003, on behalf of Ballet Makers, Inc., you requested a classification ruling for cellular phone holders.

The samples submitted are identified as styles 62 (flip-top phone cover) and 63 (standard phone cover). The items are carrying cases specially fitted and designed to store, protect and transport a cellular phone. Both items are manufactured with an exterior surface of nylon man-made fiber textile material. They measure approximately 5”(H) x 2 ½”(W) x 1”(D). Both items are designed to be worn on the belt by means of a molded plastic belt clip and/or dog leash type fastener.

The applicable subheading for the cellular phone holders 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 duty rate will be 17.8 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan and China are not currently subject to quota and the requirement of a visa.

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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