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NY H83199





July 12, 2001

CLA-2-96:RR:NC:SP:233 H83199

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.19.6000; 9615.11.4000; 5609.00.4000; 6117.80.8500; 7323.99.9060

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

RE: The tariff classification of headbands, plastic jaw clips, ponytail holders and ponytwists packaged in a steel wire basket from China.

Dear Ms. Ritchings:

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

The submitted sample, Oval Wire Basket 21 Piece Set Model 59030, consists of an oval shaped steel wire basket containing the following items:

2 textile covered rigid horseshoe headbands

3 mini plastic jaw clips

4 small plastic jaw clips

8 thick braided elastic ponytail holders

3 textile covered elastic ponytwists

Although the items will be sold as a set, they 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 headbands will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for combs, hair-slides and the likeother: other. The rate of duty will be 11% ad valorem.

The applicable subheading for the 3 mini and 4 small 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 8 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 textile covered elastic ponytwists 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 ponytwists 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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