NY H83109 - The tariff classification of hairbrushes, a comb, a plastic jaw clip and ponytail holders packaged in a steel wire basket from China. - United States International Trade Commision Rulings

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NY H83109

July 2, 2001

CLA-2-96:RR:NC:SP:233 H83109

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.8010; 9615.11.3000; 9615.11.4000; 6117.80.8500; 7323.99.9060 Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of hairbrushes, a comb, a plastic jaw clip and ponytail holders packaged in a steel wire basket from China.

Dear Ms. Ritchings:

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

The submitted sample, Model 79334, consists of a cylinder shaped steel wire basket containing the following items:

1 plastic cushion hairbrush measuring 9 ½” in length, valued at $.65

1 plastic vent hairbrush measuring 9” in length, valued at $.61

1 plastic round hairbrush measuring 8 ½” in length, valued at $.65

1 plastic comb valued at $.26

1 plastic jaw clip

2 elasticized knit manmade fiber ponytail holders

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 steel wire basket, 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 hairbrushes will be 9603.29.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for hairbrushes valued not over 40 cents each. The rate of duty will be 0.3 cents each plus 3.6% ad valorem.

The applicable subheading for the comb will be 9615.11.3000, HTS, which provides for combs, hair-slides and the like of 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 plastic jaw clip 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 elasticized knit manmade fiber ponytail holders will be 6117.80.8500, HTS, which provides for other made up clothing accessories, knitted or crocheted; 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 14.9% ad valorem. The ponytail holders are not subject to quota or the requirement of a visa.

The applicable subheading for the steel wire basket will be 7323.99.9060, HTS, which provides for other household articles of iron or steel. The rate of duty will be 3.4% 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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