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NY K89437

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September 30, 2004

CLA-2-61:RR:NC:3:353 K89437

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.8500, 9102.12.80, 9102.12.40

Ms. Carol Ritchings
Conair Corp.
150 Milford Rd.
East Windsor, NJ 08520

RE: The tariff classification of ponytail holders and a digital watch from China.

Dear Ritchings:

In your letter dated September 1, 2004 you requested a classification ruling.

The submitted samples are 24 ponytail holders in various colors and a digital watch with a gel wristband. The ponytail holders, Model 5880IN are made of knit man-made fiber fabric. You indicated that the sample has12 ponytail holders. Upon examination it revealed that 24 were sampled.

The applicable subheading for the ponytail holders, Model 58801N will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or clothing accessories: other accessories: other: headbands, ponytail holders and similar articles. The rate of duty will be 14.6 percent ad valorem.

If the watch with gel wristband is an actual working watch it is classified as follows:

The applicable subheading for the digital watch will be 9102.12.8000, HTS, which provides for wrist watches, pocket watches, and other watches, including stop watches, other than those of heading 9101; wrist watches, electrically operated; with opto-electronic display only, other. The rate of duty will be Free.

The applicable subheading for the plastic watch strap will be 9102.12.40, Harmonized Tariff Schedule of the United States (HTS), which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80 and classifiable therewith pursuant to additional U.S. note 2 to this chapter; all the foregoing whether or not attached to such watches at the time of entry; other. The rate of duty will be free.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• 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.: 9102.12.40 - Straps, bands or bracelets, nesi, entered with wrist watches of subheading 9102.12.80 and classifiable therewith
• Tariff No.: 9102.12.80 - Wrist watches nesoi, electrically operated, with opto-electronic display only