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NY I83254




July 16, 2002

CLA-2-61:RR:NC:3:353 I83254

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540, 7117.90.7500, 9615.19.6000, 3926.40.0000, 6307.90.9989, 5609.00.4000

Ms. Cari Greco
Dollar Tree Stores, Inc.
P.O. Box 2500
Norfolk, VA 23501-2500

RE: The tariff classification of Fashion Tie Set from China.

Dear Ms. Greco:

In your letter dated June 21, 2002 you requested a classification ruling.

The submitted sample is Item SKU 131352 Trendy Girl Fashion Tie Set that comes in Styles A, B and C. Each set comes in 12 color variations. The items are packaged together for retail sale. The ties for all the styles and color variations are constructed of knit polyester fabric with foam inside and are already knotted.

Style A consists of a tie, plastic ring, metal hair clip with plastic flower, and colored plastic stick-on earrings. Style B consists of a tie, plastic ring, and tie accents constructed of textile on a hook and loop square; the tie accents are used to decorate the tie. Style C consists of a tie, plastic rings, and a ponytail holder composed of a rubber core sheathed in textile yarns with an attached flower of plastic and foam.

You suggest classification under subheading 9503.70.0000. However, these goods do not contribute to role-play, as the merchandise is age appropriate to the group it is marketed to, “tweens.” The goods are not an outfit of 9503.70.0000.

One of the requirements to be considered “goods put up in sets for retail sale” is that the items meet a particular need or carry out a specific activity. The ties and tie accents have no nexus to the other items. The item is not considered “goods put up in sets for retail sale.”

Ties of subheading 6117.20 are those ties generally worn by men (or women) that conform to a certain standard of conventional wear. These ties are not designed for conventional wear. Further, they have a center of foam, which conventional ties do not possess.

The applicable subheading for Item SKU 131352 Styles A, B and C tie will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of man-made fibers: Other.” The duty rate will be 14.8% ad valorem. The textile category designation is 659.

The rings are valued over 20 cents per dozen pieces.

The applicable subheading for Item SKU 131352 Styles A, B and C ring will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The duty rate will be Free.

The applicable subheading for Item SKU 131352 Style A hair clip will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Combs, hair-slides and the like, hairpins, curling pins, curling grips, hair-curlersand parts thereof: Combs, hair-slides and the like: Other: Other.” The duty rate will be11% ad valorem.

The applicable subheading for Item SKU 131352 Style A stick-on earrings will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Statuettes and other ornamental articles.” The duty rate will be 5.3% ad valorem.

The applicable subheading for Item SKU 131352 Style B tie accents will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up textile articles, including dress patterns: Other: Other: Other, Other: Other” The duty rate will be 7% ad valorem.

The applicable subheading for Item SKU 131352 Style C ponytail holder 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 duty rate will be 4.7% ad valorem.

Item SKU 131352 Styles A, B and C tie falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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