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NY M85349

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July 28, 2006

CLA-2-96:RR:NC:SP:233 M85349

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.11.4000; 6117.80.8500; 5609.00.3000; 5609.00.4000

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

RE: The tariff classification of plastic hair clips, ponytailers and elastic ponytail holders from China.

Dear Ms. Trotta:

In your letter dated July 18, 2006, you requested a tariff classification ruling.

The submitted samples are as follows:

Holiday Tube Reindeer Model #45257 consists of four plastic hair clips in assorted colors, packed in a clear plastic tube with a molded plastic reindeer head topper.

Holiday Tube Santa Model #45258 consists of sixteen terry ponytailers in assorted colors, packed in a clear plastic tube with a molded plastic Santa head topper.

Holiday Tube Snowman Model #45259 consists of eight flat elastic ponytail holders in assorted colors, packed in a clear plastic tube with a molded plastic snowman head topper.

In each instance, the plastic Holiday Tube is considered to be ordinary packing for the hair accessories.

The applicable subheading for the Holiday Tube Reindeer Model #45257 will be 9615.11.4000, Harmonized Tariff Schedule of the United States (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 Holiday Tube Santa Model #45258 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 Holiday Tube Snowman Model #45259 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/.

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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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.: 6117.80.85 - Headbands, ponytail holders & similar articles, of textile materials other than containing 70% or more by weight of silk, knitted/crocheted
• Tariff No.: 9615.11.40 - Hair slides and the like, of hard rubber or plastics, not set with imitation pearls or imitation gemstones