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NY J84789

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May 23, 2003

CLA-2-96:RR:NC:SP:233 J84789

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 9615.11.3000; 7009.92.1000; 5609.00.4000; 9615.19.6000; 9615.11.4000; 9615.90.3000; 6217.10.8500; 6307.90.9889

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

RE: The tariff classification of a mini cushion hairbrush, a comb, a mirror, elastic ponytail holders, snap clips, plastic jaw clips, metal bobby pins, a ponywrap and a magazine rack caddy from China.

Dear Ms. Ritchings:

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

The submitted sample, Model 59218 41 Pc. Fabric Magazine Rack with Hair Care Accessories, consists of a mini cushion hairbrush valued at $0.15, a comb valued at $0.09, a plastic framed glass mirror, 24 small elastic ponytail holders, 4 metal snap clips, 2 4cm plastic jaw clips, 6 metal bobby pins, and a ponywrap packed in a textile magazine rack caddy with a metal frame.

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.

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 magazine rack caddy, 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 mini 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 plastic 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 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 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 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 4 cm plastic 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 metal bobby pins will be 9615.90.3000, HTS, which provides for “Combs, hair-slides and the like: Other: Hair pins.” The rate of duty will be 5.1% ad valorem.

The applicable subheading for the ponywrap will be 6217.10.8500, HTS, which provides for “Other made up clothing accessories; parts of garments or of clothing accessoriesAccessories: Other: Headbands, ponytail holders and similar articles.” The rate of duty will be 14.7% ad valorem.

The applicable subheading for the magazine rack caddy will be 6307.90.9889, HTS, which provides for “Other made up articles . . . Other.” The rate of duty will be 7% 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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See also:

• Tariff No.: 5609.00.40 - Articles of yarn, strip or the like of man-made monofilaments, twine, cordage, rope or cables, nesoi
• Tariff No.: 6217.10.85 - Headbands, ponytail holders and similar articles, of textile materials containing < 70% by weight of silk, not knit/crochet
• Tariff No.: 6307.90.98 - National flags and other made-up articles of textile materials, nesoi
• Tariff No.: 7009.92.10 - Glass mirrors (o/than rearview mirrors), framed, n/o 929 cm2 in reflecting area
• Tariff No.: 9603.29.40 - Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes (o/than tooth brushes), valued n/o 40 cents each
• Tariff No.: 9615.11.30 - Combs, of plastics, valued over $4.50 per gross
• 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
• Tariff No.: 9615.90.30 - Hair pins