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NY H83017




July 2, 2001

CLA-2-96:RR:NC:SP:233 H83017

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 9615.11.3000; 9615.11.4000; 9615.19.6000; 5609.00.4000; 4202.99.9000

Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of a hairbrush, a comb, plastic jaw clips, metal contour clips, ponytail holders and a carrying case from China.

Dear Ms. Ritchings:

In your letter dated June 22, 2001, you requested a ruling on tariff classification.

The submitted sample, Model 79508, consists of a plastic carrying case containing the following items:

1 plastic hairbrush measuring 6 ½” in length, valued at $.13

1 plastic comb measuring 5” in length, valued at $.04

4 small plastic jaw clips

4 metal contour clips

10 elastic ponytail holders; a simple desk test reveals the inner core to be rubber

2 medium plastic jaw clips

1 large plastic jaw clip

The carrying case is composed of molded plastic and measures approximately 8” x 5” x 4”. The item has a plastic handle which folds down for convenient storage. It is secured by means of a plastic lift-lock fastener. The items are shrink wrapped together and will be sold as a set.

Although sold as a set, the above items are not classifiable as a set because not all the items in the set are designed to meet a particular need or carry out a specific activity. The carrying case, which is a separate article of commerce and more than just a packing container, has a different use than the other items in the set. Consequently, each item is classifiable separately under its appropriate heading.

The applicable subheading for the hairbrush 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.

The applicable subheading for the comb will be 9615.11.3000, HTS, which provides for combs, hair-slides and the likeof hard rubber or plastics: combs: valued over $4.50 per gross: other. The rate of duty will be 28.8 cents/gross plus 4.6% ad valorem.

The applicable subheading for the 4 small, 2 medium, and 1 large plastic jaw clips will be 9615.11.4000, HTS, which provides for combs, hair-slides and the like of hard rubber or plastics: other: not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the metal contour clips 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 elastic ponytail holders will be 5609.00.4000, 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 5.1% ad valorem.

The applicable subheading for the carrying case will be 4202.99.9000, HTS, which provides for trunks, suitcases, camera cases and similar containers, other, other, other. The rate of duty will be 20% 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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