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PD J81152

February 20, 2003

CLA-2-96:CL:PD:CO:TEB:F01

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.8010

Carol Ritchings
Import Manager
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of a hairstyling set from China. Dear Ms. Ritchings:

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

The submitted sample, Model 79673 Conair Fusion 17 Pc. Gift Box, is a hairstyling set consisting of one cushion hairbrush, one vent hairbrush, one round hairbrush, one mini hairbrush, one plastic comb, one plastic mirror, three plastic jaw clips, six elastics, and two pony wraps. These items are presented in a paperboard box with a clear lid so that the buyer can view all the items in the Fusion styling set. Three of the brushes are valued over 40 cents each.

Classification is based upon the General Rules of Interpretation (GRIs). The hairstyling set is considered a set for classification purposes. GRI 3 requires that composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference 3 (a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. Since the set meets the definition of a “set” as per GRI 3(b), it would be classified according to the component, or components taken together, which can be taken as conferring on the set as a whole its essential character. The essential character of the hairstyling set is imparted by the hairbrushes.

The applicable subheading for the hairstyling set will be 9603.29.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hairbrushes, valued over 40 cents each. The rate of duty will be 0.3 cents for each piece in the set plus 3.6% ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact Field National Import Specialist Sharon Browarek at 440-891-3824 or National Import Specialist Lawrence Mushinske at 646-733-3036.

Sincerely,

John M. Regan
Service Port Director
Cleveland, Ohio

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