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NY 876416




July 31, 1992

CLA-2-71:S:N:N3D:344 876416

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.5000; 9902.71.1300; 4202.32.1000; 4202.92.4500; 3924.90.5000; 6217.10.0030; 9615.11.3000

Mr. Paul John Crowley
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty seven Broad Street
New York, N. Y. 10004

RE: The tariff classification of plastic imitation toy jewelry, plastic comb, plastic hand mirror, textile ponytail scrunch and PVC jewelry bags and coin purses from China.

Dear Mr. Crowley:

In your letter dated July 14, 1992, on behalf of The Mel Appel Group, Inc., Parsippany, New Jersey, you requested a classification ruling on various articles contained in four blister packages labeled, "Looks Good" Jewelry Bags, designed for use by girls aged 8 and older.

You have submitted four samples with your request. They are: Style #2610/1, #2610/2, #2610/3 and #2610/4.

Item 2610/1 contains one pair of plastic heart-shaped earrings valued at 12 cents per pair, one plastic ring valued at 3 cents each, a ponytail scrunch constructed of 65% polyester and 35% cotton, and a PVC jewelry roll with a "Velcro"-type closure and a loop handle.

Item 2610/2 contains a plastic pocket mirror, a plastic comb valued at 9 cents each, a pair of plastic diamond-shaped earrings valued at 14 cents per pair, and a PVC half moon-shaped coin purse with a "Velcro"-type closure and a loop handle.

Item 2610/3 contains a plastic necklace valued at 40 cents each, a pair of plastic earrings valued at 14 cents per pair, a plastic ring valued at 3 cents each, two plastic bracelets valued at 34 cents per pair and a PVC circular coin purse with a zippered closure.

Item 2610/4 contains a pair of plastic star-shaped earrings valued at 12 cents per pair, a plastic bracelet valued at 10 cents each and a PVC triangular-shaped jewelry bag with a zippered closure and a loop handle.

The applicable subheading for the plastic earrings, the plastic bracelets and the plastic necklace will be 7117.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Imitation jewelry: Other: Other: valued over 20 cents per dozen pieces or parts. The duty rate will be 11% ad valorem.

The applicable subheading for the plastic rings will be 9902.71.1300, HTS, which provides for Jewelry provided for in subheading 7717.19.10, 7117.90.50 or 7117.90.40 (except parts) valued not over 5 cents per piece. The rate of duty will be free.

The applicable subheading for the plastic mirror will be 3924.90.5000, HTS, which provides for Tableware, kitchenware, other household articles and toilet articles, of plastics: Other: Other. The rate of duty will be 3.4% ad valorem.

The applicable subheading for the plastic comb will be 9615.11.3000, HTS, which provides for Combs, hair-slides and the like: of hard rubber or plastics: combs: valued over $4.50 per gross: other. The rate of duty will be 28.8 cents per gross plus 4.6 percent ad valorem.

The applicable subheading for the PVC coin purses in Items 2610/2 and 2610/3 will be 4202.32.1000, HTS, which provides for Articles of a kind normally carried in the pocket or in the handbag...with outer surface of plastic sheeting: Of reinforced or laminated plastics. The rate of duty will be 12.1 cents per kilogram plus 4.6% ad valorem.

The applicable subheading for the PVC jewelry roll in Item 2610/1 and the PVC triangular-shaped jewelry bag in Item 2610/4 will be 4202.92.4500, HTS, which provides for Travel, sports and similar bags, with outer surface of plastic sheeting, other. The rate of duty will be 20% ad valorem.

The applicable subheading for the textile ponytail scrunch constructed of 65% polyester and 35% cotton will be 6217.10.0030, HTS, which provides for Accessories: of man-made fibers. The rate of duty will be 15.5% ad valorem.

Subheading 6217.10.0030 falls within textile category designation 659. Based upon international textile agreements, products of China are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Your samples are being returned as requested.

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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