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NY M85776





August 16, 2006

CLA-2-56:RR:NC:N3:351 M85776

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000, 5609.00.4000

Jerry Armani
Mamiye Brothers, Inc.
112 West 34th Street
Suite 1000
New York, NY 10120-0018

RE: The tariff classification of a ponytailer from China

Dear Mr. Armani:

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

The submitted sample is identified as a ponytailer (Item #BG001). It consists of plastic heart-shaped beads that are wrapped around an elastic polyester cord.

Depending on what the center core is made of, the applicable subheading for the ponytail holder 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 or included. 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.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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