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NY 857959

Dec 07 1990

CLA-2-96:S:N:N1:236 857959

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.19.6010

Mr. Paul John Crowley
Sharretts, Paley, Carter & Blauvelt
67 Broad Street
New York, N.Y. 10004

RE: The tariff classification of Cool Jewels from Taiwan

Dear Mr. Crowley:

In your letter dated November 13, 1990, on behalf of your client K Mart Corporation, you requested a tariff classification ruling.

The prospective import called Cool Jewels consist of four to five fashion accessories, blister packed for retail sale. The fashion accessories are multicolored knit nylon fabric made into bracelets, barrettes, pins, earrings, pony loops, key chains, et cetera. There are four blister packs with four to five of these fashion accessories.

Each blister pack containing four to five of the above fashion accessories is considered to be a set. In our opinion no one item conveys the essential character to the set. Under the General Rules of Interpretations [GRI 3(c)] if the essential character cannot be determined, the set will be classified under the heading which occurs last in numerical order among those items which equally merit consideration. Those items are the hair ornaments (pony loops, barrettes, and loopers) found in each blister pack.

The applicable subheading for the Cool Jewels will be 9615.19.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for other combs, hair-slides and the like of textile materials. The rate of duty will be 11 percent ad valorem.

Under the terms of Section 204 of the Agricultural Act of 1956, all applicable visa and quota requirements will apply for textiles and their products which are classified as parts of a set. This rule applies to all items which, if imported separately, would have required a visa or be subject to quota restraints.

The set is classified as above, however, for quota purposes the bracelets, friendship bracelets, pin, earrings, and anklets are reported separately under HTS 6117.80.0035. The key ring when part of the set is not classifiable under HTS 6117.80.0035 and therefore not subject to visa or quota restraints.

HTS 6117.80.0035 falls within textile category designation 659. As a product of Taiwan this merchandise is subject to quota restraints and visa requirements based upon international textile trade agreements.

Due to the changeable nature of these agreements you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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