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NY B82624



March 19, 1997

CLA-2-62:RR:NC:3:353 B82624

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.8500

Ms. Corey Klestadt
Trans-World Shipping Corp.
Cargo Bldg. 68
JFK Int'l. Airport
Jamaica, N.Y. 11430

RE: The tariff classification of a scrunchie (ponytail holder) from China.

Dear Ms. Klestadt:

In your letter dated March 3, 1997, on behalf of Primex Innovations, Inc., you requested a tariff classification ruling. A sample was submitted for examination.

The submitted sample is a ponytail holder or "scrunchie" which is stated to be made of a woven nylon fabric circle within which is an elastic cord. The ponytail holder features a four inch zippered pocket which holds a metal keyring. The essential character is imparted by the article's function for holding the hair in place rather than its use as a keyring which we feel is of lesser importance.

It is noted that TD 96-24, published in the Federal Register of march 15, 1996 changed the classification of ponytail holders and similar articles made entirely of textile materials from heading 9615 to headings 6117 or 6217. Only those ponytail holders, etc. of a rigid or semi-rigid construction would remain classified in heading 9615. Articles of mixed construction would be classified in accordance with General Rule of Interpretation (GRI) 3. This change was effective for merchandise entered for consumption or withdrawn from warehouse for consumption, after June 13, 1996. Also these articles carry no textile category designation.

The applicable subheading for the scrunchie (ponytail holder) will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other, Headbands, ponytail holders and similar articles. The rate of duty will be 15.2% ad valorem.

As per Presential Proclamation 6969, Federal Register 1/29/97, page 4427, 6217.10.9000 has been superseded by classification 6217.10.8500.

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,

Paul Schwartz
Chief, Textiles & Apparel Branch

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