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NY I85877




October 4, 2002

CLA-2-61:RR:NC:3:353 I85877

CATEGORY: CLASSIFICATION

CLA-2-61:RR:NC:3:353 I85877

CATEGORY: Classification

TARIFF NO.: 6117.80.9540, 7117.90.7500, 3926.40.0000

Ms. Eddie Oh
Ibex Corporation, Ltd.
Room 1108, Hart Avenue Plaza
5/9 Hart Ave., Tsim Sha Tsui
Kowloon, Hong Kong

RE: The tariff classification of Fashion Tie, Bow Tie and Cuff Sets from China.

Dear Mr. Oh:

In your letter dated September 4, 2002 you requested a classification ruling.

The submitted sample is Item #BC781 Fashion Set that comes in Styles A, B, C, D, E and F. All styles are packaged for retail sale and consist of a plastic ring, stick on earrings, and either a tie, bow tie or cuffs. The Fashion Set is being marketed to pre-teen girls “tweens”. All the ties, bow ties and cuffs are constructed of knit polyester fabric that varies in color and type of knit. Style A contains a pre-knotted tie with foam backing and is secured around the neck by a self-fabric loop with a hook and loop fastener. Style B contains a pre-knotted tie with foam backing and is secured around the neck by a piece of elastic. Style C contains a pre-finished bow tie with foam backing and is secured around the neck by a piece of elastic, and features feathers in place of the traditional knot. Style D contains a hand cuff, which is an item that is cylinder-shaped and worn around the wrist. It features a fabric lining, an imitation gem flower in one corner, and is secured around the wrist by a hook and loop fastener. Style E contains a pre-knotted tie with foam backing and fabric lining, and is secured around the neck by a piece of elastic. Style F contains a pre-finished bow tie with foam backing and fabric lining, is secured around the neck by a piece of elastic, and features feathers in place of the traditional knot.

The item is not considered “goods put up in sets for retail sale” because the item does not meet a particular need or carry out a specific activity. The tie, bow tie and cuffs have no nexus to the ring and stick on earrings. 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.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the International level. Heading 6215 covers ties “of the kinds generally worn by men.” They may be ready-made, in which case they are commonly secured to the collar by means of a metal or plastic clasp. Ties, whether worn by men or women, conform to a certain standard of acceptable dress, i.e., of a kind customarily worn as an accessory to traditional wearing apparel (such as a suit or sport coat). The ties and bow ties in question are made of bright fabric and loud prints, have foam backing, some sport feathers, and are secured to the neck by non-traditional methods. Ready-made ties of Heading 6215 are designed to resemble regular ties in all respects save that they need not actually be tied. Since the ties and bow ties would not be worn with traditional wearing apparel, they are not ties for the purposes of heading 6215.

The applicable subheading for Item #BC781 Fashion Set, Styles A, B and E Tie, C and F bow tie, and D Cuff 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 rings are valued over 20 cents per dozen pieces.

The applicable subheading for Item #BC781 Fashion Set, Styles A, B, C, D, E and F 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 #BC781 Fashion Set, Styles A, B, C, D, E and F 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.

Item #BC781 Fashion Set, Styles A, B and E Tie, C and F bow tie, and D Cuff 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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