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NY K85373




April 27, 2004
CLA-2-96:RR:NC:SP:233 K85373

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.19.6000; 9615.90.3000; 6217.10.9530; 6217.10.8500

Mr. Marian Clare
UTC Overseas, Inc.
420 Doughty Blvd.
Inwood, NY 11096

RE: The tariff classification of a headband, hair pin, barrette, pin and ponytail holder from France.

Dear Ms. Clare:

In your letter dated April 19, 2004, on behalf of Maison En Fete Sarl, you requested a tariff classification ruling.

The submitted samples are as follows:

Style A1001 is a metal wire horseshoe headband. Attached to the headband are purple colored feathers, imitation gemstones and imitation pearls.

Style A1002 is a metal hair pin measuring 2½” long. Attached to the hair pin are black feathers, textile petals, wires and imitation gemstones.

Style A2001 is a metal spring clasp barrette measuring 3½” long. Attached to the barrette is a pink colored textile flower with a green leaf.

Style A2002 is a flower pin measuring 5” in diameter. The front of the pin is made of red textile petals, feathers and a green leaf. A metal bar-pin is affixed to the back to fasten the pin to a person's clothing.

Style A3001 is a ponytail holder or "scrunchie" which is made of a woven nylon fabric circle within which is an elastic cord.

Your samples are being returned as requested.

The applicable subheading for the headband, Style A1001, and the barrette, Style A2001, will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for ““Combs, hair-slides and the likeOther: Other.” The rate of duty will be 11% ad valorem.

The applicable subheading for the hair pin, Style A1002, will be 9615.90.3000, HTS, which provides for “Combs, hair-slides and the likeOther: Hair pins.” The rate of duty will be 5.1% ad valorem.

The applicable subheading for the flower pin, Style A2002, will be 6217.10.9530, HTS, which provides for “Other made up clothing accessories; parts of garments Accessories: Other: Other, Of man-made fibers." The duty rate will be 14.6% ad valorem. The flower pin falls within textile category designation 659. Based upon international textile trade agreements products of China are 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 ponytail holder or “scrunchie”, Style A3001, will be 6217.10.8500, HTS, which provides for “Other made up clothing accessories Accessories: Other: Headbands, ponytail holders and similar articles." The duty rate will 14.6% 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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