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NY J84591

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May 23, 2003

CLA-2-56:RR:NC:TA:351 J84591

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.4000; 9615.11.4000; 9615.19.6000; 6117.80.8500; 3924.90.5500

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

RE: The tariff classification of elastic ponytail holders, plastic mini jaw clips, metal snap clips, terry-o and a plastic box from China.

Dear Ms. Ritchings:

In your letter dated May 14, 2003, you requested a tariff classification ruling.

The submitted sample, Model 59211 46 Piece Oval Cover Cosmetic Case with Hair Accessories, consists of the following items:

1. 25 elastic ponytail holders
2. 4 plastic mini jaw clips
3. 2 textile covered metal snap clips
4. 14 knit fabric terry-o
5. 1 clear plastic box

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 clear plastic box, which is a separate article of commerce and more than just a packing container, has a different use than the other items in the set. Consequently, each item is classifiable separately under its appropriate heading.

The applicable subheading for the 25 elastic ponytail holders will be 5609.00.4000, Harmonized Tariff Schedule of the United States (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 knit fabric terry-o will be 6117.80.8500, HTS which provides for “Other made up clothing accessories, knitted or crochetedOther accessories: Other: Headbands, ponytail holders and similar articles.” The duty rate will be 14.7% ad valorem.

The applicable subheading for the plastic mini 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 textile 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 plastic box will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for household articles of plastics, other, other. The duty rate 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3924.90.55 - Household articles and toilet articles, nesoi, of plastics
• Tariff No.: 5609.00.40 - Articles of yarn, strip or the like of man-made monofilaments, twine, cordage, rope or cables, nesoi
• Tariff No.: 6117.80.85 - Headbands, ponytail holders & similar articles, of textile materials other than containing 70% or more by weight of silk, knitted/crocheted
• Tariff No.: 9615.11.40 - Hair slides and the like, of hard rubber or plastics, not set with imitation pearls or imitation gemstones
• Tariff No.: 9615.19.60 - Hair-slides and the like, not of hard rubber or plastics