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NY H84996




September 5, 2001

CLA-2-61:RR:NC:3:353 84996

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.8500, 5609.00.4000, 9615.11.4000, 4202.92.3031

Mr. Tom Paciaffi
Coronet Brokers Corp.
P.O. Box 300764
Cargo Bldg. 80
JFK Int’l. Airport
Jamaica, NY 11430-0764

RE: The tariff classification of ponytail holders, barrettes and a bag from China.

Dear Mr. Paciaffi:

In your letter dated August 8, 2001, on behalf of H.E.R. Accessories, you requested a classification ruling. The samples will be returned to you as requested.

The submitted samples are ponytail holders, barrettes and a travel bag. Ponytail holders #1 are circular and are composed of knit polyester fabric. Ponytail holders #2 named knockers are composed of a core of rubber cord sheath covered by braided man-made yarns with plastic balls on each end. The barrettes are made of plastic material. The travel toiletry bag with textile handles is composed of man-made fiber fabric with a clear PVC plastic front panel.

The toiletry bag is not specially shaped or fitted and not considered of a kind normally sold with ponytail holders and barrettes.

The applicable subheading for the knit ponytail holders, #1 will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedOther accessories: Other: Headbands, ponytail holders and similar articles.” The duty rate will be 14.9% ad valorem.

The applicable subheading for ponytail holders #2, knockers will be 5609.00.4000, Harmonized Tariff Schedule of the United States (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 barrettes 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 duty rate will be 5.3% ad valorem.

The applicable subheading for the travel bag will be 4202.92.3031, Harmonized tariff schedule of the United States (HTS), which provides for “Trunkstraveling bags, toiletry bagsOther: With outer surface of sheeting plastic or of textile materials: Other, Other: Of man-made fibers: Other.” The duty rate will be 18.3% ad valorem.

The travel bag falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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