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NY E87603




September 30, 1999

CLA-2-96:RR:NC:SP:233 E87603

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 9615.11.4000; 5609.00.4000; 9615.19.6000; 7009.92.1000; 3924.90.5500

Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

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

Dear Ms. Ritchings:

In your letter dated September 14, 1999, you requested a tariff classification ruling.

The submitted sample is comprised of the following items:

1. 1 plastic hairbrush measuring 4 ¾ inches long, valued at $0.10 2. 3 plastic hair claw clips
3. 2 ponytail holders, each made of a core of rubber cord covered by polyester yarns, joined to form a circle by a metal clip. Each ponytail holder measures approximately 2 inches in diameter. 4. 2 metal snap clips covered with plastic glitter 5. 1 mirror, measuring 1 ¾ inches in diameter, in a flower shaped plastic frame 6. 1 cylindrically shaped clear plastic bank measuring approximately 6 ½ inches in height by 3 inches in diameter

Please note that the components do not meet the qualifications of "goods put up in sets for retail sale". In order to qualify as a set the components of the set must meet all three of the following criteria:

1. consist of at least two different articles which are, prima facie, classifiable in different headings; 2. put together to meet a particular need or carry out a specific activity; 3. packed for sale directly to users without repacking.

In this case, the second criteria is not met since the hair accessories, the mirror and the plastic bank are used for different activities.

The applicable subheading for the plastic hairbrush will be 9603.29.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for hairbrushes valued not over 40 cents each. The rate of duty will be 0.2 cents each plus 7% ad valorem.

The applicable subheading for the plastic hair claw clips will be 9615.11.4000, 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 the ponytail holders will be 5609.00.4000, HTS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: other. The rate of duty will be 5.8% ad valorem.

The applicable subheading for the metal snap clips will be 9615.19.6000, HTS, which provides for combs, hair-slides and the like other: other. The rate of duty will be 11% ad valorem.

The applicable subheading for the mirror will be 7009.92.1000, HTS, which provides for other glass mirrors, framed, not over 929 square centimeters in reflecting area. The duty rate will be 7.8 percent ad valorem.

The applicable subheading for the plastic bank will be 3924.90.5500, HTS, which provides for... other household articles... of plastics: other: other. The rate of duty will be 3.4 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
Director,

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