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NY G82129




September 29, 2000

CLA-2-96:RR:NC:SP:233 G82129

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 9615.11.4000; 9615.19.6000; 6117.80.8500; 5609.00.4000

Mr. Joel K. Simon
Serko & Simon LLP
One World Trade Center, Suite 3371
New York, NY 10048

RE: The tariff classification of hair accessories and a molded plastic handbag from China.

Dear Mr. Simon:

In your letter dated September 18, 2000, on behalf of Accessory Network Group, Inc., you requested a tariff classification ruling.

The submitted sample, designated as Style # OS05001BKPNK and referred to as a “Hair Accessory Set,” is a molded plastic child’s handbag containing six types of hair accessories. The plastic handbag is in the shape of a flower with six petals, which serve as compartments for the hair accessories. The plastic handbag measures approximately 8” in diameter, 1½” in depth, and has a hinged top with a handle. The hair accessories are as follows:

2 plastic claw clips
4 plastic fronted metal barrettes
2 knit “scrungies” ponytail holders
2 plastic barrettes with a picture of “Snow White” at the center 2 ponytail holders made of elasticized yarns, with each having two plastic marbles 2 round knit textile “scrungies” ponytail holders

Your sample is being retained for official purposes.

The components of the “Hair Accessory Set” do not constitute a set for classification purposes. Although the hair accessories are related to a common activity, the plastic handbag is not specially shaped or fitted to contain the hair accessories, nor is it viewed as normal packaging for the hair accessories. The plastic handbag is fully functional and reusable. Having failed as a set, each item in the retail package must be separately classified as follows:

The applicable subheading for the molded plastic handbag will be 3926.90.9880, 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: other: other: other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the plastic claw clips and the plastic barrettes (#1 and #4) will be 9615.11.4000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: other: other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the plastic fronted metal barrettes (#2) 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 knit “scrungies” ponytail holders (#3 and #6) will be 6117.80.8500, HTS, which provides for other made up clothing accessories; knitted or crocheted parts of garments or of clothing accessories: other accessories: other: headbands, ponytail holders and similar articles. The rate of duty will be 15% ad valorem.

The applicable subheading ponytail holders made of elasticized yarn (#5) will be 5609.00.4000, Harmonized Tariff Schedule of the United States (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 5.5% 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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