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NY H83200




July 12, 2001

CLA-2-96:RR:NC:SP:233 H83200

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.11.4000; 5609.00.4000; 9615.19.6000; 6217.10.8500; 7323.99.9060

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

RE: The tariff classification of plastic jaw clips, ponytail holders and snap clips 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, Tortoise Wire Basket 19 Piece Set Model 59022, consists of a rectangular shaped steel wire lidded basket containing the following items:

4 small plastic jaw clips

2 elastic ponytail holders with plastic cubes attached to the ends; a simple desk test reveals the inner core to be rubber

4 metal snap clips

8 braided elastic ponytail holders

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 plastic jaw clips will be 9615.11.4000, Harmonized Tariff Schedule of the United States (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 2 elastic ponytail holders with decorative cubes attached 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 snap 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 8 braided elastic ponytail holders will be 6217.10.8500, HTS, 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. 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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