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NY I81213




April 30, 2002

CLA-2-96:RR:NC:SP:233 I81213

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.4000; 6217.10.8500; 9615.11.4000; 9615.19.6000; 7009.92.1000; 4202.92.4500

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

RE: The tariff classification of elastic ponytail holders, woven ponywraps, plastic mini jaw clips, metal snap clips, a mirror and a kid’s backpack from China.

Dear Ms. Ritchings:

In your letter dated April 19, 2002, you requested a tariff classification ruling.

The submitted sample, Model 59071 60 Piece Kid’s Backpack with Hair Accessories, consists of the following items:

36 elastic ponytail holders
2 woven ponywraps
2 plastic mini jaw clips
2 epoxy covered metal snap clips
1 glass mirror framed in plastic
1 kid’s backpack made of clear plastic sheeting

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 59071 60 Piece Kid’s Backpack 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 36 elastic ponytail holders will be 5609.00.4000, Harmonized Tariff Schedule of the United States (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 woven ponywraps 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 plastic mini 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 epoxy 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 mirror will be 7009.92.1000, HTS, which provides for glass mirrors, whether or not framed, including rear-view mirrors: other: framed: not over 929 cm² in reflecting area. The rate of duty will be 7.8% ad valorem.

The applicable subheading for the kid’s backpack will be 4202.92.4500, HTS, which provides for travel, sport and similar bags, with outer surface of sheeting of plastics or of textile materials, 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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