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NY B86539




June 19, 1997

CLA-2-96:RR:NC:SP:233 B86539

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.11.4000; 6111.30.5040

Ms. Pamela Pinter
Big Apple Customs Brokers, Inc.
151-02 132nd Ave.
Jamaica, NY 11434

RE: The tariff classification of barrettes, headbands and ponytail holders from China.

Dear Ms. Pinter:

In your letter dated June 10, 1997, on behalf of Durlacher & Co., Inc., you requested a tariff classification ruling.

You have submitted the following samples with your request:

1. Style #Y8394 consisting of three assorted pairs of toddlers' barrettes made of textile bows, plastic pearls and rosettes attached to plastic barrettes.

2. Style #Y9196, consisting of three assorted pairs of toddlers' barrettes made of textile bows, ribbons, plastic pearls, plastic hearts and rosettes attached to plastic barrettes.

3. Style #Y8412, consisting of one elasticized headband with a textile bow and feather trim, one pair of elasticized knit ponytail holders trimmed with ribbons and rosettes, and one pair of velcro barrettes trimmed with textile bows. All items are designed for infants.

4. Style #Y8508, consisting of one elasticized headband with a textile bow, ribbon, lace and rosette trim, one pair of elasticized knit ponytail holders trimmed with textile bows, and one pair of velcro barrettes trimmed with lace, ribbons and rosettes. All items are designed for infants.

5. Style #Y9400, consisting of one elasticized headband with a satin bow, ribbon and plastic pearl trim, one pair of elasticized knit ponytail holders trimmed with lace, ribbon and rosettes, and one pair of velcro barrettes trimmed with lace, textile bows and rosettes. All items are designed for infants.

The applicable subheading for Styles #Y8394 and #Y9196, the toddlers' plastic barrettes with textile trim will be 9615.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Combs, hair-slides and the like: Of hard rubber or plastics: Other: Not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3% ad valorem.

The applicable subheading for Styles #Y8412, #Y8508 and #Y9400, the infants' headbands, ponytail holders and velcro barrettes will be 6111.30.5040, HTS, which provides for Babies' garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other, Other: Other. The rate of duty will be 16.7% ad valorem.

The infants' headbands, ponytail holders and velcro barrettes fall within textile category designation 239. Based upon international textile trade agreements, products of China are presently subject to quota restraints and visa requirements.

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.

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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Gwenn Klein Kirschner

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