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NY H83195




July 12, 2001

CLA-2-96:RR:NC:SP:233 H83195

CATEGORY: CLASSIFICATION

TARIFF NO.: 7009.92.1000; 9615.11.4000; 6117.80.8500; 5609.00.4000; 4202.22.1500

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

RE: The tariff classification of a mirror, plastic jaw clips, ponytail holders and a hairwrap/headband packed in a handbag from China.

Dear Ms. Ritchings:

In your letter dated June 28, 2001, you requested a ruling on tariff classification.

The submitted sample, 41 Piece Smash Kid’s Hang Bag Model 59034W, consists of a handbag made of sheeting of plastic, containing the following items:

1 mirror with a star-shaped plastic frame

4 medium plastic jaw clips

6 mini plastic jaw clips

12 terry ponytail holders

1 hairwrap/headband to hold hair back

12 elastic ponytail holders - a simple desk test reveals the core to be of rubber cord

4 twinbead ponytail holders – a simple desk test reveals the core to be of rubber cord

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 travel/toiletry bag, 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 mirror will be 7009.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass mirrors, whether or not framed, including rear-view mirrors: framed: not over 929 cm² in reflecting area. The rate of duty will be 7.8% ad valorem.

The applicable subheading for the 4 medium and 6 mini 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 terry ponytail holders and the hairwrap/headband will be 6117.80.8500, HTS, which provides for other made up clothing accessories, knitted or crocheted: other accessories: other: headbands, ponytail holders and similar articles. The rate of duty will be 14.9% ad valorem. The terry ponytail holders and the hairwrap/headband are not subject to quota or the requirement of a visa.

The applicable subheading for the 12 elastic ponytail holders and the 4 twinbead 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 handbag will be 4202.22.1500, HTS, which provides for handbags, whether or not with shoulder strapwith outer surface of sheeting of plastic. The rate of duty will be 17.2% 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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