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NY M86174




October 4, 2006

CLA-2-39:RR:NC:SP:221 M86174

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 6217.10.8500

Ms. Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 05820

RE: The tariff classification of plastic clips and textile headbands from China.

Dear Ms. Trotta:

In your letter dated August 29, 2006, you requested a tariff classification ruling.

The sample provided with your letter, identified as style 45916, consists of one spring clip and four headbands. The spring clip has plastic jaws, a metal spring and a magnet so that it can be secured to metal surfaces such as a school locker. The clip is decorated with a plastic half sphere painted to resemble a baseball. The headbands are composed of narrow woven textile fabric. Styles 45913, 45914, 45915, 45917 ad 46045 are similar assortments of headbands and spring clips with various sports theme motifs such as soccer balls, softballs, footballs and tennis rackets. The clip can be used to secure papers, but is incapable of holding four headbands. As you requested, the sample will be returned.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.

The assortments of spring clips and headbands are not considered to be sets for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore, the contents must be classified separately.

The applicable subheading for the plastic spring clips will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the headbands 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 percent 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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