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NY F85335




April 25, 2000

CLA-2-39:RR:NC:SP:233 F85335

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.3500

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Road
Hoffman Estates, IL 60195

RE: The tariff classification of a beaded hair accessory from China.

Dear Ms. Balice:

In your letter dated April 3, 2000, you requested a tariff classification ruling.

The submitted sample, Style 35867-1 is a “Loop It Hair Accessory.” It is made of a closed loop of textile covered elastic cord, measuring approximately 9 inches in length. Nine flower shaped plastic beads are strung equidistant from each other on the article. The item is designed to be wrapped around hair for decoration.

The hair accessory, being neither rigid nor semi-rigid, is excluded from classification in Heading 9615. The subject merchandise, being goods of mixed construction, textile and plastic, is classifiable in accordance with GRI 3(b), and shall be classified by the component which gives it its essential character. The elasticized cord holds the hair in place and although an essential component of the hair accessory, is of secondary importance to the plastic beads. The beads make the hair accessory a fashion item and impart the essential character.

Your sample is being retained for official purposes.

The applicable subheading for the “Loop It Hair Accessory” will be 3926.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics other: beads, bugles and spangles articles thereof, not elsewhere specified or included: other. The rate of duty will be 6.5% 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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