Federal Circuit Affirms Classification, Lower Duty Rate for OtterBox Cellphone Cases

The U.S. Court of Appeals for the Federal Circuit affirmed a lower court ruling saying cellphone cases imported by OtterBox are classifiable in the tariff schedule as generic “other” articles of plastic, dutiable at 5.3 percent, rather than as containers subject to a 20 percent duty rate. A three-judge Federal Circuit panel agreed last week with a year-old U.S. Court of International Trade decision that the cellphone cases don't meet most of the four criteria for classification as containers under heading 4202 -- organizing, storing, protecting and carrying -- and are also dissimilar from such containers because they're designed to allow use of the cellphone while inside the container.