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February 26, 1999

CLA-2-96:RR:NC:SP:233 D88252

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.11.4000

Mr. Kevin Maher
C-Air Customhouse Brokers
153-66 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of a hair accessories set from China.

Dear Mr. Maher:

In your letter dated February 17, 1999, on behalf of Roseart Industries, you requested a tariff classification ruling.

The submitted sample, style #4685-6 Super Large Hairware Box, is a hair accessories set comprised of the following:
one barrette consisting of a plastic floral shape attached to a metal spring clasp, measuring approximately 2-1/2" x 3" two hair scrunchies made of textile cord and plastic cord wrapped around an elasticized ponytail holder two plastic accordion headbands four plastic hair chopsticks six metal snap clips covered with plastic six plastic spring hinge hair clips plastic hair beads plastic alphabet hair beads six ponytail holders made of a core of rubber cord covered by braided polyester and metallic yarns joined to form a circle by a metal clip one container of glitter gel

Your sample is being returned as requested.

We find that the above?described items comprise, for tariff purposes, "goods put up in sets for retail sale." With reference to General Rule of Interpretation ("GRI") 3(c), Harmonized Tariff Schedule of the United States (HTS), we find that the components equally merit consideration in determining the classification of the set, but that none of the components alone can be said to impart the essential character of the whole. Under such circumstances, GRI 3(c) directs that the set be classified under the heading which occurs last in numerical order.

The applicable subheading for the Super Large Hairware Box hair accessories set 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 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 Lawrence Mushinske at 212-637-7061.

Sincerely,

Robert B. Swierupski

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