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NY A88547



November 1, 1996

CLA-2-39:RR:NC:BCh 3:353 A88547

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050

Mr. Oranzo R. Molfetta
Almar Sales Company
12 West 37 Street
New York, N.Y. 10018

RE: The tariff classification of ponytail holders from China

Dear Mr. Molfetta:

In your letter dated October 10, 1996 you requested a tariff classification ruling. Samples were submitted for examination with your request.

The submitted samples consists of five styles on retail cards, each containing an assortment of ponytail holders, packaged within a clear plastic display. The ponytail holders are constructed of a cord made up of a rubber core with a tightly braided textile outer covering with plastic ornaments of various designs threaded onto the cord.

The submitted styles are:

EX50............ 14 ponytail holders, each with two colored plastic whistles EX52............ 18 ponytail holders, each with a plastic half moon and star EX5 ............. 6 ponytail holders, each with two clear plastic baby bottles containing colored plastic chips EXAB14........ 12 ponytail holders, each with two plastic bows EXAB15........ 14 ponytail holders, each with two plastic balls

On June 13, 1996, T.D. 96-24, 61 Federal Register 10841 (March 15, 1996) became effective. The T.D. changed the classification of certain textile headbands, ponytail holders and similar articles. Customs determined these items, if made entirely of textile materials are not classifiable within heading 9615 because HTS 9615 implicitly contemplates articles of rigid or semi-rigid construction.

The items at issue, being neither rigid or semi-rigid, are excluded from classification in Heading 9615.

Heading 6117 provides for "other made up clothing accessories, knitted or crocheted." Note 1 to Chapter 61 states that "This chapter applies only to made up knitted or crocheted articles." Since the items at issue are not knitted or crocheted, they are not classified under Heading HTS 6117.

Heading 6217 provides for "other made up clothing accessories." Note 1 to Chapter 62 states that, "This chapter applies only to made up articles of any textile fabric other than wadding, excluding knitted or crocheted articles (other than those of 6212)." The ponytail holders are made of materials which, if imported in the piece rather than into ponytail holders, would be classified under Heading HTS 5604 and as such they are not considered textile fabrics. Therefore, the ponytail holders are not classified under Heading HTS 6217.

The subject merchandise being goods of mixed construction, textile and plastic, is classifiable in accordance with GRI 3(b), and shall be classified by the component which gives it its essential character. The elasticized cords hold the hair in place and although an essential component of the ponytail holder, is of secondary importance to the plastic ornaments which makes the items fashion items and impart the essential character to the items. The ponytail holders can also be attached to each other to create ornamental chained lengths. The elasticized cords are functionally necessary to the operation of the ponytail holder but lose their visibility when the item is put to the use for which it is designed.

The applicable subheading for Styles EX50, EX52, EX5, EXAB14 and EXAB15 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other articles of plastics and articles of other materials of heading 3901 to 3914: Articles of apparel and clothing accessories (including gloves): Other: Other.... Other." The rate of duty will be 5 percent ad valorem..

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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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