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NY M83627




May 26, 2006

CLA-2-56:RR:NC:N3:351 M83627

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.6600, 5609.00, 6117.10.2030, 6117.80.8500, 9503.49.0000, 9615.11.4000, 9615.19.6000

Kathy Trotta
Conair Corp.
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of hair ornaments from China

Dear Ms. Trotta:

In your letter dated May 9, 2006, you requested a tariff classification ruling.

Three submitted samples are boxes of hair ornaments. Item 45273 “Fairy Doll Picture Frame & Hair Accessory Box” includes a fairy doll made of textile fabrics; a picture frame in the shape of a five-inch star, made of paperboard with a plastic window; two metal snap clips with a plastic butterfly; a plastic stretch comb hair ornament; eight plastic mini flower jaw clips; twelve knit terrycloth stretch ponytail holders; and eight flat crimped elastic ponytail holders covered with braided fabric.

The applicable subheading for the Fairy Doll will be 9503.49.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for toys representing animals or non-human creaturesand parts and accessories thereof: other. The rate of duty will be Free.

The applicable subheading for the picture frame will be 4823.90.6600, HTSUS, which provides for other (non-enumerated) articles of coated paper or paperboard. The rate of duty will be Free.

The applicable subheading for the butterfly 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 for the stretch comb and the mini 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 terrycloth stretch ponytail holders will be 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 14.4% ad valorem.

The applicable subheading for the flat crimped elastics will be either 5609.00.3000 or 5609.00.4000, HTSUS, which provide 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.

Item 45266 “Rectangle Box w/ Hair Accessories” includes two stretch knit velour head wraps, 2½” wide; two plastic 6cm octopus jaw clips; four 2 x 2 ribbed twisters, made of knit fabric and elastic and also known as scrungies or scrunchies; and ten 6-strand crimped ponytail holders covered with braided fabric.

The applicable subheading for the velour head wraps and the 2 x 2 ribbed twisters will be 6117.80.8500, HTSUS, which provides for other made up clothing accessories, knitted, or crochetedOther Accessories: Other: Headbands, ponytail holders and similar articles. The rate of duty will be 14.6% ad valorem.

The subheading for the 6cm Octopus 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 6-strand crimped elastics will be either 5609.00.3000 or 5609.00.4000, HTSUS, which provide 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.

Item 45264 “Flocked Box w/ Lace Scarf & Hair Accessories (Purple)” includes a lace scarf made of knit raschel polyester fabric; eight large crimped coil elastics covered with braided fabric; an 8cm filigree butterfly barrette; and a jaw clip.

The applicable subheading for the lace scarf will be 6117.10.2030, HTSUS, which provides for other made up clothing accessories, knitted or crocheted shawls, scarves, mufflers, mantillas, veils, and the like: of man-made fibers, other. The rate of duty will be 11.3% ad valorem.

HTSUS 6117.10.2030 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 otexa.ita.doc.gov.

The applicable subheading for the large crimped coil elastics will be either 5609.00.3000 or 5609.00.4000, HTSUS, which provide 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 8cm filigree butterfly 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 jaw clip 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.

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/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). In the future, please limit your ruling request to a maximum of five (5) items of the same class or kind.

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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