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NY K86512




June 14, 2004
CLA-2-71:RR:NC:SP:233 K86512

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.11.4000; 7117.19.9000

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of “Flair Your Hair Kit” and “Funky Flashy Jewelry” from China.

Dear Mr. Morse:

In your letter dated May 25, 2004, on behalf of Meijer Distribution, you requested a tariff classification ruling.

You have submitted the following samples with your request:

Item #261513 Flair Your Hair Kit contains two plastic hair chopstix, two plastic hair clips and two bottles of hair glitter.

Item #261506 Gloss ‘N’ Glitter contains three gloss and glitter make-up containers (one gloss and two glitter), two eye glitter applicators, one powder puff applicator and one star-shaped mirror.

Item #261520 Funky Flashy Jewelry contains one necklace, one belly chain, two “Bratz” charms and one bracelet, all made of metal.

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. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. GRI 3(c) provides that when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading that occurs last in numerical order among those which equally merit consideration.

The Flair Your Hair Kit is considered to be a set for tariff classification purposes. No single component imparts the essential character, so the set will be classified in accordance with GRI 3(c). In this set, the heading for the chopstix and the hair clips appears last in numerical order among the competing headings which equally merit consideration.

Your samples are being returned as requested.

The applicable subheading for the Flair Your Hair Kit will be 9615.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Combs, hair-slides and the likeOf 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 Funky Flashy Jewelry will be 7117.19.9000, HTS, which provides for “Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” The rate of duty will be 11% ad valorem.

Your inquiry does not provide enough information for us to issue a classification ruling on the Gloss ‘N’ Glitter. In order to issue a ruling on the item, we need the following additional information. Please submit the additional information indicated below.

Please submit instructions on the use of the product.

Is the gloss to be mixed with the glitter and used on the lips or eyes?

How is the powder puff used?

Is the product approved by the Consumer Product Safety Commission?

If you decide to resubmit your request, please resubmit a copy of your original letter and attachments, along with the sample and additional information requested in this notice and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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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