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NY F80022




December 1, 1999

CLA-2-96:RR:NC:SP:233 F80022

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 9603.29.8010

Ms. Maria Da Rocha
J. Fanok Services Inc.
701 Penhorn Avenue
Secaucus, NJ 07094

RE: The tariff classification of the “Brush N Curl” from China.

Dear Ms. Da Rocha:

In your letter dated November 23, 1999, on behalf of Tristar Products, you requested a tariff classification ruling.

The submitted sample, the “Brush N Curl,” consists of a hairbrush, which is a combination hair styler and curler. The styler/curler is made of a vented metal cylinder with bristles, attached to a plastic handle. The styler/curler will be imported with three detachable curlers. The styler/curler is stored inside of a cylindrically shaped zippered textile mesh bag with a carrying handle, measuring 9 inches in height by 4 inches in diameter.

Your sample is being returned as requested.

The applicable subheading for the Brush N Curl, if valued not over 40 cents each, 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. If valued over 40 cents each, the applicable subheading will be 9603.29.8010, HTS, which provides for hairbrushes valued over 40 cents each. The rate of duty will be 0.3 cents each plus 3.6% ad valorem.

You have also inquired as to the classification of the Brush N Curl if hairspray was included as part of the set. In such instance, the Brush N Curl would be considered a set, with the essential character being imparted by the hairbrushes. The classification would be as indicated above.

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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