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NY M83628




May 30, 2006

CLA-2-96:RR:NC:SP:233 M83628

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.2020; 6117.80.8500; 5609.00.3000; 5609.00.4000 9615.90.3000; 9615.11.4000; 9615.19.6000

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

RE: The tariff classification of Store ‘Ems Hair Accessory Box from China.

Dear Ms. Trotta:

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

The submitted sample, Item #45262 Store ‘Ems Hair Accessory Box, consists of a molded plastic carrying case measuring approximately 6 ½” x 6 ½” x 6 ½” with a removable tray, containing the following items:

4 x 4 Ribbed Twisters ponytail holders
Large 2mm Crimped Elastics ponytail holders 5cm metal Bobby Pins
6.5cm plastic Octopus Jaw Clip
5cm metal Snap Clips

Although sold as a set, the above items are not classifiable as a set because not all the items in the set are designed to meet a particular need or carry out a specific activity. The carrying case, which is a separate article of commerce and more than just a packing container, has a different use than the items in the set. Consequently, each item is classifiable separately under its appropriate heading.

The applicable subheading for the molded plastic carrying case will be 4202.12.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vanity cases; with outer surface of plastic, structured, rigid on all sides.” The rate of duty will be 20% ad valorem.

The applicable subheading for the 4 x 4 Ribbed Twisters ponytail holders will be 6117.80.8500, HTSUS, which provides for “Other made up accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Headbands, ponytail holders and similar articles.” The duty rate will be 14.6% ad valorem.

The applicable subheading for the Crimped Elastics ponytail holders 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.

The applicable subheading for the Bobby Pins will be 9615.90.3000, HTSUS, which provides for “Combs, hair-slides and the like Hair pins.” The rate of duty will be 5.1% ad valorem.

The applicable subheading for the plastic Octopus 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.

The applicable subheading for the metal Snap Clips will be 9615.19.6000, HTSUS, which provides for “Combs, hair-slides and the like: Other: Other.” The rate of duty will be 11% 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/.

You have also submitted samples of three additional items: Item #45275 Holiday Tube Reindeer, Holiday Tube Santa, and Holiday Tube Snowman. Your inquiry does not provide enough information for us to give a classification ruling on these items. Please indicate what the intended use of the Holiday Tubes will be.

When this information is available, you may wish to consider resubmission of your request. Your samples are being held pending your resubmission. Please 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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