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HQ 963881





March 1, 2002

CLA-2 RR:CR:TE 963881 TF

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.19.2000; 9615.19.4000

Ms. Quncie Akins,
Circle International, Inc.
4711 LeBourget Drive
St. Louis, Missouri 63134

RE: Classification of bridal headpieces; Combs, hair-slides and the like; Heading 9615, HTSUSA; substantially similar merchandise; HQ 963482

Dear Ms. Akins:

This is in response to your request on behalf of your client, Bridal Original, dated March 12, 1998, concerning the classification of three styles of hair ornaments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Although you listed one style number, three samples were submitted with your request.

FACTS:

The submitted merchandise at issue consists of three styles of hair ornaments that are made in China. You describe the samples as “bridal headpieces.” Bridal headpieces are highly decorative hair ornaments typically worn on top of the head by brides. After the bridal headpieces are imported into the United States, veils are often attached to form bridal veils. However, in their imported condition, the headpieces are not dedicated for use with a veil.

Style H874 is a decorative hair ornament consisting of a clear-colored hair comb that is attached to fabric hooks which are glued to a strip of fabric that is glued to a strip of paper-covered wire. Seven flower petals, composed of fabric-covered wire and mesh fabric, stem from this paper-covered wire. Attached to the flower petals are white beads that cover alternating mesh-covered petals. At the center of each flower is a cluster of glued simulated pearl beads.

Style H880 is a decorative hair ornament consisting of a clear-colored hair comb that is glued to a bundle of paper-covered wire. Textile fabric formed into a floral design is attached to the stems of paper-covered wire. Three simulated pearls are glued on the top of each textile fabric design. In addition, simulated pearls and five textile flowers are attached to the paper-covered wire.

Style H888 is a decorative hair ornament consisting of a clear-colored hair comb that is glued to a textile fabric strip and glued and sewn to a bundle of paper-covered wire. From this bundle of paper-covered wire stems the following:
clear wire that has simulated pearl beads on the end; textile fabric that contains simulated pearl-covered wire designs in the center; three textile flowers that contain at the center of each flower a cluster of simulated pearl beads with a rhinestone bead in the center.

ISSUE:

What is the proper classification of the bridal headpieces under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

The classification of substantially similar merchandise was addressed in HQ 963482, dated December 28, 2001. In that ruling, it was determined that bridal headpieces were properly classifiable in subheading 9615.19, HTSUSA, which provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs hair-slides and the like.”

However, unlike the articles in HQ 963482, which were circular headpieces, the instant articles are clear-colored hair combs. Hair combs are provided in subheading 9615.19.2000 and 9615.19.4000, HTSUSA. Combs that are valued less than $4.50 per gross are classified in subheading 9615.19.2000, HTSUSA, dutiable at 9.7 cent/gross +1.3%. Combs valued greater than $4.50 per gross are classified in subheading 9615.19.4000, HTSUSA, dutiable at 28.8 cent/gross + 4.6%.

Attached you will find the above-cited ruling letter for your reference. As the subject merchandise is substantially similar to the merchandise addressed in the aforementioned ruling, the subject merchandise should be classified accordingly in subheading 9615.19, HTSUSA. Classification at the eight-digit subheading level should be as indicated above dependent upon the value of the combs.

HOLDING:

Bridal headpiece styles H874, H880 and H888 are classifiable under subheading 9615.19.2000 and 9615.19.4000, HTSUSA. As we do not have information related to the value of the combs, we are providing you with both subheadings which may be applicable for classification of the hair combs.

Subheading 9615.19.2000, HTSUSA, provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs hair-slides and the like: Other: Combs: Valued not over $4.50 per gross.” The general column one duty rate is 9.7 cent/gross +1.3% ad valorem.

Subheading 9615.19.4000, HTSUSA, provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs hair-slides and the like: Other: Combs: Valued over $4.50 per gross.” The general column one duty rate is at 28.8 cent/gross + 4.6% ad valorem.

Sincerely,

John Durant, Director

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