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NY H83288




July 5, 2001

CLA-2-96:RR:NC:SP:233 H83288

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 9615.11.3000; 7009.92.1000; 9615.11.4000; 5609.00.1000 5609.00.3000; 4202.92.4500

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

RE: The tariff classification of a hairbrush, a comb, a mirror, plastic jaw clips, and ponytail holders packed in a travel/toiletry bag from China.

Dear Ms. Ritchings:

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

The submitted sample, Model 79502, consists of a travel/toiletry bag made of sheeting of plastic, containing the following items:

1 plastic cushion mini hairbrush measuring 4 ½” in length, valued at $.18

1 plastic mini comb measuring 5” in length, valued at $.08

1 mirror with a flower-shaped plastic frame

1 medium plastic jaw clip

2 small plastic jaw clips

4 elastic ponytail holders

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 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 like: 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 mirror will be 7009.92.1000, 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 medium and 2 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 elastic ponytail holders, if of cotton, will be 5609.00.1000, 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: of cotton. The rate of duty will be 3.8% ad valorem.

The applicable subheading for the elastic ponytail holders, if of man-made fibers, will be 5609.00.3000, 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: of man-made fibers. The rate of duty will be 5.8% ad valorem.

The applicable subheading for the travel/toiletry bag made of sheeting of plastic will be 4202.92.4500, HTS, which provides for travel, sports, and similar bags, 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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