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NY J81151




February 14, 2003

CLA-2-96:RR:NC:SP:233 J81151

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 7009.92.1000; 3304.99.5000; 5609.00.4000; 9615.11.4000; 9615.19.6000; 6117.80.8500; 4202.92.4500

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

RE: The tariff classification of a hairbrush, a mirror, body glitter gel, elastic ponytail holders, plastic jaw clips, plastic covered snap clips, and ponywraps packed in a traveling bag from China.

Dear Ms. Ritchings:

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

The submitted sample, Model 79679 Smash 25 piece Fur Handle Cosmetic Case, consists of a traveling bag of PVC sheeting with a faux fur handle and a hook and loop closure. The traveling bag contains the following items:

1 cushion plastic hairbrush measuring 6 ½” in length, valued at $.20

1 glass mirror with plastic flower shaped frame

1 glitter body gel

10 elastic ponytail holders

4 heart shaped plastic jaw clips

2 medium plastic jaw clips

2 plastic covered metal snap clips

1 textile ponywrap

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 cushion hairbrush will be 9603.29.4010, Harmonized Tariff 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 glass mirror with plastic frame will be 7009.92.1000, HTS, which provides for “Glass mirrors, whether or not framed, including rear-view mirrors: Other: Framed: Not over 929 cm² in reflecting area.” The rate of duty will be 7.8% ad valorem.

The applicable subheading for the glitter body gel will be 3304.99.5000, HTS, which provides for “Beauty or make-up preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other.” The rate of duty will be free.

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 the plastic heart shaped and medium 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 plastic covered metal snap clips will be 9615.19.6000, HTS, which provides for “Combs, hair-slides and the like: Other: Other.” The rate of duty will be 11% ad valorem.

The applicable subheading for the ponywrap 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 traveling bag will be 4202.92.4500, HTS, which provides for “Travel, sports and similar bags, With outer surface of sheeting of plastic, Other.” The rate of duty will be 20% ad valorem.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412.

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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