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NY I80557




April 25, 2002

CLA-2-96:RR:NC:SP:233 I80557

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 3926.90.9880; 9615.19.6000; 9615.11.4000; 6217.10.8500; 5609.00.4000

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

RE: The tariff classification of a plastic flower jar (vase), PVC hair bands, metal snap clips, plastic flower hair clips, rope elastic ponytail holders, elastic ponytail holders and plastic hairsticks from China.

Dear Ms. Ritchings:

In your letter dated April 10, 2002, you requested a tariff classification ruling.

The submitted sample, Model 59076 40 Piece Flower Vase with Hair Accessories, consists of the following items packaged in a clear plastic box:

1 plastic flower jar (vase)
16 PVC hair bands
4 metal 4cm snap clips
2 plastic flower hair clips
4 3” rope elastic ponytail holders
8 2mm x 3” elastic ponytail holders
5 plastic hair sticks

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.

Model 59076 40 Piece Flower Vase with Hair Accessories is not considered to be a set for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore, the contents must be classified separately.

The applicable subheading for the plastic flower jar (vase) will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles of plastics, other, other.. The rate of duty will be 3.4% ad valorem.

The applicable subheading for the PVC hair bands 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 metal 4cm 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 plastic flower hair clips and the plastic hair sticks 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 3” rope elastic ponytail holders will be 6217.10.8500, HTS, which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: accessories: other: headbands, ponytail holders and similar articles. The rate of duty will be 14.8% ad valorem.

The applicable subheading for the 2mm x 3” 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.

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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