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NY M83593





June 14, 2006

CLA-2-63:RR:NC:N3:351 M83593

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000, 5609.00.4000, 6117.80.8500, 6214.30.0000, 6217.10.8500, 6307.90.9889, 9615.11.4000, 9615.19.6000, 4202.32.2000

Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of hair ornaments 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 #45272 Sequin Boot w/ Hair Accessories Box includes a butterfly salon clip (a metal barrette with a textile-and-wire butterfly attached); 14 mini terry-o ponytail holders, made of knit stretch terry cloth fabric; four 2cm chunky jaw clips made of plastic; four 4mm large crimped elastic ponytail holders; eight small crimped elastics; a decorative glitter stocking; and two flat head wraps, which are textile-covered elastic cords. All the items are packed in a flat paperboard box with a clear plastic cover.

The applicable subheading for the butterfly salon clip will be 9615.19.6000, Harmonized Tariff Schedule of the United States (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 mini terry-o ponytail holders 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 2cm 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 4mm large crimped elastics, small crimped elastics and flat head wraps will be, 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 decorative glitter stocking will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

Item #45267 Scarf & Picture Frame Box includes a woven polyester 3-in-1 scarf, which is approximately 70” x 4”; a picture frame, which is woven fabric over paperboard, 8” x 6”, with a window of 4” x 6” clear plastic sheeting window; a 6.5cm barrette of metal with plastic beads; beaded ponytail holders (beads on a man-made filament); 4mm large elastics; and four1.5cm plastic jaw clips. All the items are packed in a flat paperboard box with a clear plastic cover.

The applicable subheading for the polyester scarf will be 6214.30.0000, HTSUS, which provides for shawls, scarves, mufflers, veils, and the like: of synthetic fibers. The rate of duty will be 5.3% ad valorem.

Subheading 6214.30.0000 falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.

The applicable subheading for the picture frame will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

The applicable subheading for the 6.5cm barrette 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 beaded elastic ponytail holder will be 5609.00.3000, HTSUS, which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified, of man-made fibers. The rate of duty will be 4.5% ad valorem

The applicable subheading for the 4mm large elastics 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, HTS, 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.

The applicable subheading for the 1.5cm oval topped 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.

Item #45271 Ribbon Purse w/ Hair Accessories Box includes ruffled head wraps, which are flat braided stretch headbands; two butterfly snap clips; 16 2mm large crimped elastics; and four plastic flower jaw clips. Also included are eight terry-o ponytail holders in a plastic holder that is decorated with a ribbon and has a snap closure. It is made of vinyl sheeting measuring eight mil in thickness, indicating an intent to reuse. It is considered a plastic pouch purse. All the items are packed in a flat paperboard box with a clear plastic cover.

The applicable subheading for the ruffled head wraps and the terry-o ponytail holders will be 6217.10.8500, 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.

The applicable subheading for the plastic pouch purse will be 4202.32.2000, HTSUS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of plastic sheeting, other. The rate of duty will be 20% ad valorem.

The applicable subheading for the butterfly snap clips and the flower 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 2mm large crimped elastics 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 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.

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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