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NY I88268




November 12, 2002

CLA-2-96:RR:NC:SP:233 I88268

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.11.4000; 5609.00.4000; 7117.19.9000; 6307.90.9889

Ms. Shirley Price
Funrise Toy Corporation
6115 Variel Ave.
Woodland Hills, CA 91367-3727

RE: The tariff classification of a “Beauty Jewelry Set” from China.

Dear Ms. Price:

In your letter dated November 1, 2002, you requested a tariff classification ruling.

The submitted sample, Item #21812 “Beauty Jewelry Set”, consists of the following:

2 plastic barrettes measuring 2” in length, with printed on apples

2 plastic flower shaped hair claw clips

1 ponytail holder made of a textile-covered rubber cord threaded through plastic beads and textile flowers

1 ponytail holder constructed of a rubber cord covered with braided yearns, attached onto each end of which is a textile fiber pom-pom

1 metal ball chain necklace measuring 18” in length with a square metal pendant measuring 7/8” on each side, with a print of an apple

1 base metal ring attached to which is a square base metal decoration with a print of a strawberry

1 mini picture holder made of felt-type textile fabric, featuring a plastic “window” behind which a photograph may be inserted through an opening at the top. Attached onto the top is a metal ring with a textile loop.

The items are packaged together in a blister pack with header card printed with “Beauty Jewelry Set” For Ages 6 and Over.

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.

The “Beauty Jewelry Set” 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 barrettes and the plastic hair claw clips will be 9615.11.4000, Harmonized Tariff Schedule of the United States (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 ponytail holders, both styles, 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 duty rate will be 4.7% ad valorem.

The applicable subheading for the metal necklace and ring will be 7117.19.9000, HTS, which provides for “Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” The rate of duty will be 11% ad valorem.

The applicable subheading for the mini picture holder will be 6307.90.9889, HTS, which provides for “Other made up articles . . . Other.” The rate of duty will be 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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