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NY M83592

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May 26, 2006

CLA-2-56:RR:NC:N3:351 M83592

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000, 5609.00.4000, 6117.10.2030, 6117.80.8500, 7117.19.9000, 9603.29.4010, 9615.11.4000, 9615.19.6000, 9615.90.3000

Kathy Trotta
Conair Corporation
150 Milford Road
Milford, NJ 08520

RE: The tariff classification of hair ornament kits from China

Dear Ms. Trotta:

In your letter dated May 10, 2006, you requested a tariff classification ruling.

The three submitted samples are boxes of hair ornaments. Item 45261, “Sequin 3 in 1 Scarf Box w/ hair accessories,” includes six 4cm rhinestone bobby pins, a pair of 7mm heart post earrings, a pair of 1.5cm rope hoop post earrings, four 2.5cm chunky jaw clips, ten 4mm elastic ponytail holders, and a knit man-made sequined scarf. The scarf is 2½” x 53” and is shown tied around a ponytail, around the waist, and around the neck.

The applicable subheading for the large 4mm crimped elastics will be either 5609.00.3000 or 5609.00.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified. If the center core is made of man-made fibers, 5609.00.3000, HTSUS, applies and the rate of duty will be 4.5% ad valorem. If the center core is constructed of rubber, 5609.00.4000, HTSUS, applies and the rate of duty will be 3.9% ad valorem.

The applicable subheading for the 4cm rhinestone bobby pins will be 9615.90.3000, HTSUS, which provides for combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers, and the like, other than those of heading 8516, and parts thereof: other: hair pins. The rate of duty will be 5.1% ad valorem.

The applicable subheading for the 7mm heart post earrings and the 1.5cm rope hoop post earrings will be 7117.19.9000, HTSUS, 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.

The applicable subheading for the 2.5cm chunky jaw clips will be 9615.11.4000, HTSUS, 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 sequin scarf, assuming that it is made of man-made textile fabric, will be 6117.10.2030, HTSUS, which provides for other made-up clothing or accessories, knitted or crocheted; knitted or crocheted parts of garments or clothing accessories: shawls, scarves, mufflers, mantillas, veils, and the like: of man-made fibers, other. The rate of duty will be 11.3% ad valorem.

Item 45265, “Tall Cylinder w/ Hair Accessories,” includes three 2 x 2 ribbed twisters, made of knit fabric and elastic and also known as scrungies or scrunchies; two 3.5cm chunky jaw clips; ten 4mm large elastic ponytail holders, and two 8cm oval snap clips.

The applicable subheading for the 2 x 2 ribbed twisters will be 6117.80.8500, HTSUS, which provides for other made-up clothing accessories, knitted or crocheted: knitted or crocheted parts of garments or of clothing accessories; Other accessories; Other; Headbands, ponytail holders, and similar articles. The rate of duty will be 14.6% ad valorem.

The applicable subheading for the 3.5cm chunky jaw clips will be 9615.11.4000, HTSUS, 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 8cm oval snap clips will be 9615.19.6000, HTSUS, which provides for combs, hair-slides, and the like; hairpins, curling pins, curling grips, hair-curlers, and the like, other than those of heading 8516, and parts thereof: combs, hair-slides, and the like: other: other. The rate of duty will be 11% ad valorem.

The applicable subheading for the 4mm large elastics, depending on what the center cores are made of, will be either 5609.00.3000 or 5609.00.4000, HTSUS, which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified. If the center core is made of man-made fibers, 5609.00.3000, HTSUS, applies. The rate of duty will be 4.5% ad valorem. If the center core is constructed of rubber, 5609.00.4000, HTS, applies. The rate of duty will be 3.9% ad valorem.

Item 45270, “Fairy Hair Accessory Acetate Box,” includes a jester ponytailer, which is a stretch cord covered in a braided textile sheath, with twelve pieces of woven fabric tied around it; fifteen 4mm small elastics, including one with a plastic butterfly sewn to it; a plastic hairbrush; ten knit terry fabric ponytailers, and a plastic keychain (not included with the sample).

The applicable subheading for the jester ponytailer and the 4mm elastics, depending on what the center cores are made of, will be either 5609.00.3000 or 5609.00.4000, HTSUS, which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified. If the center core is made of man-made fibers, 5609.00.3000, HTSUS, applies. The rate of duty will be 4.5% ad valorem. If the center core is constructed of rubber, 5609.00.4000, HTSUS, applies. The rate of duty will be 3.9% ad valorem.

The applicable subheading for the brush, valued at $0.151 each, will be 9603.29.4010, HTSUS, 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 knit terry ponytailer will be 6117.80.8500, HTSUS, 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 14.6% ad valorem.

We do not have enough information to provide a classification for the plastic keychain. If you would like to have this item classified, please submit a sample.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The samples will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 5609.00.30 - Articles of yarn, strip, twine, cordage, rope or cables nesoi, of man-made fibers
• Tariff No.: 5609.00.40 - Articles of yarn, strip or the like of man-made monofilaments, twine, cordage, rope or cables, nesoi
• Tariff No.: 6117.10.20 - Shawls, scarves, mufflers, mantillas, veils and the like, knitted or crocheted, of man-made fibers
• 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.: 7117.19.90 - Imitation jewelry (o/than toy jewelry & rope, curb, cable, chain, etc.), of base metal (wheth. or n/plated w/prec.metal), nesoi
• 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.: 9615.11.40 - 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