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NY H87832





January 28, 2002

CLA-2-96:RR:NC:SP:233 H87832

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 9615.11.4000; 5609.00.3000; 9615.19.6000; 3305.90.0000; 9603.29.4010; 9603.29.8010; 7326.20.0070

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of the “Hair Purse” from China.

Dear Mr. Maher:

In your letter dated January 22, 2002, on behalf of RoseArt Industries, you requested a tariff classification ruling.

The submitted sample is Style #6038 – Hair Purse. The item consists of eight plastic mini hair clips, one sequined hair scrunchie, one large plastic flower hair clip, one fake hair braid attached to a metal hair clip, one tube of hair glitter gel, one mini hairbrush, and one key ring consisting of a steel split ring with a short chain attached, all packaged inside a child’s purse/carrying case composed of molded plastics. The case, which measures 6 inches in diameter, is round in shape with a feather handle and is decorated with a flower. It is not specially shaped or fitted to contain the hair accessory components, which are placed inside of a clear plastic molded tray, but is the type of carrying case which may be used to contain and transport any of a number of the child's possessions. The purse/carry case and the hair accessory components are not mutually complementary, not adapted to one another, and are not put up to meet one particular need or carry out a specific activity. Thus, the goods do not comprise a set, and each item is separately classifiable.

Your sample is being returned as requested. Please note that the sequined hair scrunchie has been retained for official purposes.

The applicable subheading for the flower purse will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the plastic mini hair clips and the large plastic flower hair clip 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 sequined hair scrunchie 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 5.3% ad valorem.

The applicable subheading for the hair braid clip 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 hair glitter gel will be 3305.90.0000, HTS, which provides for preparations for use on the hair: other. The rate of duty will be free.

The applicable subheading for the hairbrush, if valued not over 40 cents each, will be 9603.29.4010, 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 hairbrush, if valued over 40 cents each, will be 9603.29.8010, HTS, which provides for hairbrushes valued over 40 cents each. The rate of duty will be 0.3 cents each plus 3.6% ad valorem.

The applicable subheading for the key ring will be 7326.20.0070, HTS, which provides for other articles of iron or steel wire, other. The rate of duty will be 3.9% ad valorem.

The hair glitter gel may be subject to subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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