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NY 815120

October 25, 1995

CLA-2-96:R:N5:353 815120


TARIFF NO.: 9615.11.4000; 9615.11.5000

Mr. Abe M. Knipper
Abe M. Knipper Customs Broker
80 Sheridan Boulevard
Inwood, New York 11096

RE: The tariff classification of a trio of barrettes from Taiwan or China

Dear Mr. Knipper:

In your letter dated September 21, 1995, received in our office on September 25, 1995, you requested a tariff classification ruling on behalf of your client Edward Jay Accessories, Inc. Samples were submitted for review with your request and will be returned per your request.

The submitted sample, Style #BA3305X, consists of three barrettes which are imported attached to a plastic card on which they will be sold as a unit. The plastic card is marked "Trio Barrettes".

Barrette A, the top barrette, consists of simulated pearls with gold colored beads intermittently set in between. They are attached to a metal barrette clip by plastic strands which run through holes in the center of the beads and simulated pearls which then wind around the barrette clip.

Barrette B, the middle barrette, consists of three simulated faceted plastic gemstones each mounted in circular decorated setting which are glued to a metal barrette clip.

Barrette C, the bottom barrette, consists of three circular plastic medallions with inlaid designs which are glued to a metal barrette clip.

The trio of barrettes is not considered as "goods put up in sets for retail sale" because it does not consist of at least two different articles which are prima facie, classifiable in different headings. Each of the barrettes mus be classified separately.

The applicable subheading for barrettes A and B will be 9615.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Combs, hair-slides and the like;....of hard rubber or plastic: Other: Other". The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for barrette C will be 9615.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Combs, hair-slides and the like:.... of hard rubber or plastic: Other: Not set with imitation pearls or imitation gemstones." The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Section 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 Martin Weiss at 212-466-5881.


Roger J. Silvestri

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