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NY I88652




December 10, 2002

CLA-2-71:RR:NC:SP:233 I88652

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8030; 9615.11.4000; 7117.90.9000

Ms. Sally Connolly
Lali Beads
15 Lexington Court
Napa, CA 94559

RE: The tariff classification of Lali Beads™ Decorate Yourself from Head to Toe Set with Chinese Silk Tote from China.

Dear Ms. Connolly:

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

The submitted sample, Lali Beads™ Decorate Yourself from Head to Toe Set with Chinese Silk Tote, consists of the following 6 items:

Rayon tote case for Lali Beads™ to be stored and carried. The case, which measures 7 ¾” wide by 6” deep by 3” high, is of rigid construction and is covered entirely with a jacquard embroidered fabric. The interior is lined with textile. The case features a hinged lid, a textile cord carrying handle and a textile frog closure.

Lali Clippity plastic hair clips with porcelain beads attached.

Zippity Do Do zipper pulls with porcelain beads attached.

Lali Laces elastic clips for shoe eyelets with porcelain beads attached.

Lali Loops metal beaded chains with porcelain beads to be attached to the belt loops on jeans.

BeadleNuts Jr. bracelets made of elastic strung with porcelain beads.

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 Lali Beads™ Decorate Yourself from Head to Toe Set with Chinese Silk Tote 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 rayon tote case will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for “Trunks, suitcases, vanity cases and similar containers: Other: Of man-made fibers.” The rate of duty will be 18.1% ad valorem.

The applicable subheading for the Lali Clippity plastic hair 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 BeadleNuts Jr. bracelets will be 7117.90.9000, HTS, which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Other.” The rate of duty will be 11% ad valorem.

We do not have sufficient information to issue a ruling regarding the Zippity Do Do zipper pulls, the Lali Loops and the Lali Laces. In your letter you indicate that the beads are hand painted Chinese porcelain. Please submit a component breakdown for the beads. If the beads are made of ceramic, please indicate the type of ceramic.

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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