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NY L85536




July 5, 2005

CLA-2-42:RR:NC:TA:341 L85536

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 4202.92.9060

Ms. Joy Jibbens
A & J Customs Brokers, Inc.
3175 E. Warm Springs Rd., Suite 121
Las Vegas, NV 89120

RE: The tariff classification of a neck pouch for cell phones from China.

Dear Ms. Jibbens:

In your undated letter, received in this office June 10, 2005, on behalf of Ms. Jo Policastro, you requested a classification ruling for neck pouch primarily designed to contain a cell phone.

You have submitted a sample and photos of an item identified as “My Mini.” No style number was submitted. The item is designed to contain a cell phone and other small flat goods such as photo identification or boarding pass. The item has a braided strap to be worn around an individual’s neck. The cord can be adjusted by means of a cord lock fastener. It has a textile-lined interior that is divided into two compartments. It is manufactured with an exterior surface of textile-backed polyvinyl chloride (PVC) that simulates reptile leather. It measures approximately 4 ½”(W) x 5 ½”(H). You have indicated that the submitted sample will also be imported as man-made fibers and faux leather.

The applicable subheading for the pouch if of man-made fibers will be 4202.92.9026 HTS, which provides for other containers or case, with outer surface of sheeting of plastic or of textile materials, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for the pouch of PVC or faux leather will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other containers or cases, with outer surface of sheeting of plastic or of textile materials, other. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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