HQ 954113: Classification of a disposable nonwoven polypropylene "PhoneGuard" cover

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 954113

                          July 8, 1993

CLA-2 CO:R:C:T 954113 jlj

CATEGORY: Classification

TARIFF NO.: 6307.90.9986

Mr. Ed Corbett
Phone Guard, Inc.
120 Camelia Court
Oldsmar, Florida 34677

RE: Classification of a disposable nonwoven polypropylene "Phone
Guard" cover

Dear Mr. Corbett:

     In your letter of April 20, 1993, you inquired about the
tariff classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) of a disposable "Phone Guard" to
be imported from Jamaica.  You submitted two samples, one already
packaged.

FACTS:

     The sample submitted is a disposable sanitary sleeve called
a "Phone Guard" which covers a telephone handset and is intended
to protect the user from dirt and grime on the handset.

     The "Phone Guard" is made of nonwoven polypropylene fabric. 
It is tubular shaped, closed on one end, and measures
approximately 12-1/4 inches long by 4-3/8 inches wide.  An
elastic band is sewn into its midsection to allow the fabric to
grip the handset of a telephone between the ear and the
mouthpiece.  

ISSUE:

     What is the HTSUSA classification of the "Phone Guard"?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order.  GRI 1 provides that classification shall be according
to the terms of the headings and any relevant section or chapter
notes.
     Heading 6307, HTSUSA, covers other made up articles of any
textile material which are not more specifically provided for in
other headings of Section XI or elsewhere in the Nomenclature. 
Note 7 of Section XI defines the expression  "made up" to mean,
inter alia, produced in the finished state, ready for use without
sewing or other working.  The "Phone Guard" falls under this
heading because it is a "made up" article of textile fabric and
because there is no more specific heading covering it.

HOLDING:

     The "Phone Guard" is classified under the provision for
other made up articles: other: other: other: other: other, in
subheading 6307.90.9986, HTSUSA, dutiable at the rate of 7
percent ad valorem.

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division