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NY H88425




March 11, 2002

CLA-2-96:RR:NC:SP:233 H88425

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 7009.92.1000; 9615.11.4000; 3926.90.9880; 5609.00.4000; 7323.99.9060

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

RE: The tariff classification of hairbrushes, a mirror, plastic jaw clips, plastic covered metal snap clips, a plastic cylinder carry case, and elastic ponytail holders packaged in a steel wire basket from China.

Dear Ms. Ritchings:

In your letter dated February 27, 2002, you requested a tariff classification ruling.

The submitted sample, Model 79611 Smash 16 pcs. Mid Size Styling Basket, consists of a rectangular shaped steel wire basket containing the following items:

1 mid size plastic cushion hairbrush measuring 6 ½” in length, valued at $.26

1 mid size plastic all purpose hairbrush measuring 6 ½” in length, valued at $.16

1 mid size plastic framed hand held glass mirror

1 medium plastic jaw clip

2 plastic covered metal snap clips

1 cylinder shaped carry case of molded plastic with a textile neck strap

4 mini plastic jaw clips

4 elastic ponytail holders

The items are shrink wrapped together and will be sold as a set. 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 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 hairbrushes 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 plastic framed hand held glass 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 plastic jaw clip and the 4 mini 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 plastic covered metal 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 cylinder shaped carry case of molded plastic will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the elastic ponytail holders 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 4.7% ad valorem.

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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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