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NY G85011




January 18, 2001

CLA-2-56:RR:NC:TA:351 G85011

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.4000

Kathleen M. Lawrence
Manager, International Trade
Lerner New York
460 W. 33 St.
New York, NY 10001

RE: The tariff classification of ponytail holders.

Dear Ms. Lawrence:

In your letter dated November 30, 2000, you requested a tariff classification ruling.

Your letter included three samples of ponytail holders. They are all similar in construction: a band of rubber (as determined by an informal desk test we performed) sheathed in a textile braid. Each has a jewel-like decoration threaded onto it.

The applicable subheading for the ponytail holders 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 percent ad valorem in 2000 and 5.1 percent in 2001.

Your letter states that you believe these to be classified in subheading 6217.10.8500, which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Headbands, ponytail holders and similar articles.” Please note that this provision requires that the items be composed of fabric; the ponytail holders you have submitted are composed of braided yarns which by themselves do not comprise fabric.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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