CLA-2-39:RR:NC:SP:221 J80589

Ms. Lisa Beth Stunger
All-Ways Forwarding Int’l. Inc.
182-30 150th Road
Jamaica, NY 11413

RE: The tariff classification of a cellular phone holder from Taiwan.

Dear Ms. Stunger:

In your letter dated January 22, 2003, on behalf of World of Accessories, you requested a tariff classification ruling.

A sample was provided with your letter. The cellular phone holder is composed of molded plastics. The holder is designed to be attached to a belt by means of a clip on the back of the holder. The cellular phone slides into the holder.

You refer to the holder as a holster and suggest classification in subheading 4202.32.1000, the provision for, among other articles, holsters and similar containers. Customs Headquarters has addressed the classification of cellular phone holders in HQ 965897 of November 25, 2002, ruling that such cellular phone holders are not holsters.

The applicable subheading for the plastic cellular phone holder will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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,
National Commodity
Specialist Division