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NY J81143




February 14, 2003

CLA-2-96:RR:NC:SP:233 J81143

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 9615.11.3000; 9615.11.4000; 5609.00.4000; 6117.80.8500; 3924.10.4000

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

RE: The tariff classification of a hairbrush, a comb, plastic jaw clips, elastic ponytail holders, and terry elastic ponytail holders packed in a drink bottle from China.

Dear Ms. Ritchings:

In your letter dated February 5, 2003, you requested a tariff classification ruling.

The submitted sample, Model 79752W Small 53 piece Water Bottle, consists of a plastic drink bottle with a flip top spout. The drink bottle contains the following items:

1 plastic hairbrush measuring 4 ½” in length, valued at $.14

1 plastic comb measuring 4 ½” in length, valued at $0.04

2 small chunky plastic jaw clips

24 elastic ponytail holders

24 terry elastic ponytail holders

Although sold as a set, the above items are not classifiable as a set because not all the items in the set are designed to meet a particular need or carry out a specific activity. The traveling bag, which is a separate article of commerce and more than just a packing container, has a different use than the items in the set. Consequently, each item is classifiable separately under its appropriate heading.

The applicable subheading for the plastic hairbrush will be 9603.29.4010, Harmonized Schedule of the United States (HTS), which provides for “Hairbrushes valued not over 40 cents each.” The rate of duty will be 0.2 cents each plus 7% ad valorem.

The applicable subheading for the comb will be 9615.11.3000, HTS, which provides for “Combs, hair-slides and the like: Of hard rubber or plastics: Combs: Valued over $4.50 per gross: Other.” The rate of duty will be 28.8 cents/gross plus 4.6% ad valorem.

The applicable subheading the plastic chunky 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 elastic ponytail holders 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 rate of duty will be 4.3% ad valorem.

The applicable subheading for the terry elastic ponytail holders will be 6117.80.8500, 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: Headbands, ponytail holders and similar articles.” The rate of duty will be 14.7% ad valorem.

The applicable subheading for the drink bottle with flip top spout will be 3924.10.4000, HTS, which provides for “Tableware, kitchenware, other household articles and toilet articles, of plastics: Tableware and kitchenware: Other.” The rate of duty will be 3.4% 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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