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NY H88428




March 12, 2002

CLA-2-96:RR:NC:SP:233 H88428

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 9615.11.3000; 7009.92.1000; 9615.19.6000; 9615.11.4000; 5609.00.4000; 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 covered metal snap clips, and elastic ponytail holders packed in a vinyl backpack from China.

Dear Ms. Ritchings:

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

The submitted sample, Model 79601 Smash 14 Pc. Back Pack, consists of a 7” x 7 ½” x 1 ¾” zippered backpack made of clear vinyl sheeting, with two carrying straps made of textile webbing. The backpack contains the following items:

1 mini plastic hairbrush measuring 4 ½” in length, valued at $.20

1 mini plastic comb measuring 4 ½” in length, valued at $.05
l mini glass mirror with a heart shaped plastic frame

2 plastic covered metal snap clips

2 medium plastic jaw clips

6 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 backpack, which is a separate article of commerce and more than just a packing container, has a different use than the items in the set. Consequently, each item is classifiable separately under its appropriate heading.

The applicable subheading for the mini plastic 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 mini plastic comb will be 9615.11.3000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: 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 glass mirror with a heart shaped plastic frame 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 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 2 medium 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 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 backpack will be 4202.92.4500, HTS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, 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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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