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NY N007437





February 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000, 5609.00.4000

Yuly Shih
USJHI Corp.
2224 Pleasant View Road
Suite 1
Middleton, WI 53562

RE: The tariff classification of a ponytailer from China

Dear Ms. Shih:

In your letter dated January 23, 2007, you requested a tariff classification ruling.

The submitted sample is identified as Style number F6443 (PC8538HB, PAS/PC8540HB, BRI) and is described as an F6443 Logo Elast Pony (8). You state that it is constructed of 100% nylon. The ponytailer consists of 12 strands of monofilament, each one under 1mm in apparent width, sheathed in nylon braided fabric.

The applicable subheading for the ponytail holders, if the core is composed of man-made elastomeric fibers, will be 5609.00.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified or included: Of man-made fibers. The rate of duty will be 4.5 percent ad valorem.

The applicable subheading for the ponytail holders, if the core is composed of rubber, will be 5609.00.4000, HTSUS, which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified or included: Other. The rate of duty will be 3.9 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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