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NY N012960

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June 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9603.29.4010; 9615.11.4000; 9615.11.5000; 5609.00.3000; 5609.00.4000; 4202.22.1500; 7117.90.7500

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

RE: The tariff classification of a child’s hair ornament kit from China.

Dear Ms. Trotta:

In your letter dated June 14, 2007 you requested a tariff classification ruling.

The submitted sample, Model 59413PK Crown/Flower, which will be returned to you as requested, is a 55 piece hair ornament set packaged in a plastic purse. The kit includes the following pieces, composed primarily of plastic:

Hair brush
Headband “Crown”: a simulated tiara decorated with plastic imitation jewelry Barrette with textile bow
Bead bracelet with imitation jewelry strung together with elastic Two Crown jaw clips
Two Snap clips with imitation gemstones
Twelve 120-pin elastic ponytail holder
Thirty 3.5 inch elastics ponytail holder
Two 17.5 inch elastic hair band

These pieces will be packaged and sold in a plastic purse. The purse is made of clear polyvinyl chloride (PVC) sheeting. The interior of the purse is unlined with no additional features. It has a top zipper closure with double handles in the shape of stars.

  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 purse, 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 plastic hairbrush will be 9603.29.4010, Harmonized Schedule of the United States (HTS), which provides for "Hairbrushes valued not over 40 cents each." The rate of duty will be 0.2 cents each plus 7% ad valorem.

The applicable subheading for the crown headband will be 9615.11.5000, Harmonized Schedule of the United States (HTS), which provides for “Combs, hair-slides and the like; curling pins, curling grips, hair-curlers and the like, other than those of heading 8615, and parts thereof: Combs, hair-slides and the like: Of hard rubber or plastic: Other: other.” The rate of duty will be free.

 The applicable subheading the crown jaw clips and the barrette 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 the snap jaw clips and barrette will be 9615.11.5000, HTSUS, which provides for "Combs, hair-slides and the like: Of hard rubber or plastics: Other: Other." The rate of duty will be free.

The ponytail holders hair bands are elastomeric monofilaments not exceeding 1 mm in any cross-sectional dimension, sheathed in textile fabric braid.  The applicable subheading for the elastic ponytail holders will be either 5609.00.3000 or 5609.00.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, strip or the like of heading 5404 or 5405, 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 bead bracelet is 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.

The applicable subheading for the plastic purse will be 4202.22.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Handbags, whether or not with shoulder strap, including those without handle, with outer surface of sheeting of plastic.” The rate of duty will be 16 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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 4202.22.15 - Handbags, with or without shoulder straps or without handle, with outer surface of sheeting of plastics
• 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.: 7117.90.75 - Imitation jewelry of plastics, nesoi, over 20 cents/dozen pcs or pts
• Tariff No.: 9603.29.40 - Shaving brushes, hair brushes, nail brushes, eyelash and other toilet brushes (o/than tooth brushes), valued n/o 40 cents each
• Tariff No.: 9615.11.40 - Hair slides and the like, of hard rubber or plastics, not set with imitation pearls or imitation gemstones
• Tariff No.: 9615.11.50 - Hair slides and the like, of hard rubber or plastics, set w/imitation pearls or imit. gemstones