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NY K84496





March 29, 2004
CLA-2-96:RR:NC:SP:233 K84496

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.80; 7616.99.5090; 3924.90.5500; 9603.29.4010; 9603.29.8010; 9615.11.1000; 9615.11.3000; 9603.29.4090; 9603.29.8090; 8214.20.3000; 8203.20.2000; 6805.20.0000; 4417.00.8090; 4202.92.3031; 9605.00.0000

Ms. Jeanne Berg
AFI (California)
2381 Rosecrans Avenue, #100
El Segundo, CA 90245

RE: The tariff classification of a Deluxe Hanging Traveler from China.

Dear Ms. Berg:

In your letter dated March 19, 2004, on behalf of Living Things Mfg. Co., you requested a tariff classification ruling.

The submitted sample is a Deluxe Hanging Traveler consisting of the following items:

1 alarm clock
1 key ring (aluminum carabiner)
1 PVC soap dish
1 extruded mesh body sponge
1 hairbrush
1 PVC comb
1 nail brush
1 nail clipper
1 tweezer
5 nail files
2 wood manicure sticks three-zippered travel case made from woven nylon

Classification is claimed under subheading 9605.00.0000, Harmonized Tariff Schedule of the United States (HTS) covering travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure or pedicure sets of heading 8214). The alarm clock and the key ring (carabiner) are not items for personal toilet, sewing or shoe or clothes cleaning, therefore, the Men’s 3-pc Travel Kit and Shoe Cleaning Kit is precluded from classification in subheading 9605.00.0000. Each article will be individually classified. You have also requested a ruling on the kit if imported without the clock and key ring (carabiner).

The applicable subheading for the alarm clock will be 9105.11.80, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other clocks: Alarm clocks: Electrically operated: Other.” The rate of duty will be 30 cents each plus 6.9 percent on the case plus 5.3 percent on the battery.

The applicable subheading for the key ring (aluminum carabiner) will be 7616.99.5090, HTS, which provides for “Other articles of aluminum, Other.” The rate of duty will be 2.5% ad valorem.

The applicable subheading for the soap dish and the extruded mesh body sponge will be 3924.90.5500, HTS, which provides for “Tableware, kitchenware, other household articles and toilet articles, of plastics: Other: Other.” The rate of duty will be 3.4% ad valorem.

The applicable subheading for the hairbrush, if valued not over 40 cents each, will be 9603.29.4010, HTS, which provides for “Toothbrushes, shaving brushes, hair brushes Other: Valued not over 40 cents each, Hairbrushes.” The rate of duty will be 0.2 cents each plus 7% ad valorem.

The applicable subheading for the hairbrush, if valued over 40 cents each, will be 9603.29.8010, HTS, which provides for Toothbrushes, saving brushes, hair brushes Other: Valued over 40 cents each, Hairbrushes.” The rate of duty will be 0.3 cents each plus 3.6% ad valorem.

The applicable subheading for the PVC comb, if valued not over $4.50 per gross, will be 9615.11.1000, HTS, which provides for “Combs, hair-slides and the like Of hard rubber or plastics: Combs: Valued not over $4.50 per gross.” The rate of duty will be 14.4 cents per gross plus 2% ad valorem.

The applicable subheading for the PVC comb, if valued over $4.50 per gross, 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 per gross plus 4.6% ad valorem.

The applicable subheading for the nail brush, if valued not over 40 cents each, will be 9603.29.4090, HTS, which provides for “Toothbrushes, shaving brushes, hair brushes, nail brushes Other: Valued not over 40 cents each, Other.” The rate of duty will be 0.2 cents each plus 7% ad valorem.

The applicable subheading for the nail brush, if valued over 40 cents each, will be 9603.29.8090, HTS, which provides for “Toothbrushes, shaving brushes, hair brushes, nail brushes Other: Valued over 40 cents each, Other.” The rate of duty will be 0.3 cents each plus 3.6% ad valorem.

The applicable subheading for the nail clipper will be 8214.20.3000, HTS, which provides for “Manicure or pedicure sets and instruments (including nail files), and parts thereof: Cuticle or cornknives, cuticle pushers, nail files, nailcleaners, nail nippers and clippers, all the foregoing used for manicure or pedicure purposes, and parts thereof.” The rate of duty will be 4% ad valorem.

The applicable subheading for the tweezer will be 8203.20.2000, HTS, which provides for tweezers. The rate of duty will be 4% ad valorem.

The applicable subheading for the nail files will be 6805.20.0000, HTS, which provides for “Natural or artificial abrasive powder or grain, on a base of textile material, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up: On a base of paper or paperboard only.” The rate of duty will be free.

The applicable subheading for the manicure sticks will be 4417.00.8090, HTS, which provides for “Other tools of wood.” The rate of duty will be 5.1% ad valorem.

The applicable subheading for the three-zippered travel case made of woven nylon will be 4202.92.3031, HTS, which provides for “Travel, sports and similar bags: With outer surface of textile materials: Other: Of man-made fibers: Other.” The rate of duty will be 17.6% ad valorem.

Items classified in HTS 4202.92. 3031 fall within category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

The applicable subheading for the Deluxe Hanging Traveler, if imported without the clock and the key ring (carabiner), will be 9605.00.0000, HTS, which provides for “Travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure and pedicure sets of heading 8214).” The rate of duty will be 8.1% 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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