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NY E88010





October 1, 1999

CLA-2-39:RR:NC:SP:233 E88010

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.3500

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a “Pink Double Illusion Headband” from China or Korea.

Dear Ms. Wierbicki:

In your letter dated September 27, 1999, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The submitted sample, PP194860, is a “Pink Double Illusion Headband.” It is a beaded ornament, to be worn on the head. The article is constructed from 28 “gem cut” plastic beads, each measuring approximately 5mm x 5mm, and strung onto two strands (14 beads each) of translucent fishing-type wire, each measuring approximately 12 ¾” long, attached to a rubber cord covered with man-made fiber, approximately 6 ¼” long and 2mm thick. The beads are strung, approximately ½” apart on each of the two plastic strands and are, essentially, the only parts of the hair ornament that are visible when worn. As each line has a different color (beads), because of their spacing, the impression is that the dark and light color “gems” are alternating.

Your sample is being returned as requested.

The applicable subheading for the Pink Double Illusion Headband will be 3926.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: beads, bugles and spangles, not strung and not set (except temporarily) and not set; articles thereof, not elsewhere specified or included: other. The rate of duty will be 6.5% ad valorem.

The article is not subject to quota restrictions or visa requirements.

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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