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NY B80968





January 15, 1997

CLA-2-61:RR:NC:5:353 B80968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.30.3040, 6117.80.9005, 5609.00.4000

Mr. Oranzo R. Molfetta
Almar Sales Co.
12 West 37th Street
New York, N.Y. 10018

RE: The tariff classification of ponytail holders and a headband from China.

Dear Mr. Molfetta:

In your letter dated January 7, 1997, you requested a tariff classification ruling.

The submitted samples are ponytail holders and an infant headband. Style EMP205, an assortment of knit ponytail holders consisting of 85% acrylic and 15% Elastic; Style BE720, an elasticized infant headband consisting of 100% nylon with a bow and lace trim; style LL50\12, an assortment of knit ponytail holders consisting of 90% acrylic 10% elastic; style 54\24, an assortment of knit ponytail holders consisting of 97% polyester and 3% spandex; EX55\5, an assortment of ponytail holders consist of 88% polyester and 12% elastic textile covered rubber thread.

The applicable subheading for the styles EMP205, LL50\12 and LL54\24 will be 6117.80.9005, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: Other, Headbands, ponytail holders and similar articles. The rate of duty will be 15.2% ad valorem.

The applicable subheading for style BE720 will be 6209.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories: Of synthetic fibers: Other, Other. The duty rate will be 16.7% ad valorem.

The applicable subheading for style EX55/5 will be 5609.004000, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Other. The duty rate will be 6.6% ad valorem.

Style BE720 falls within the textile category designation 239. Based upon international textile trade agreements products of China are subject quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Martin Weiss at 212-466-5881.

Sincerely,

Paul Schwartz
Chief, Textiles & Apparel Branch

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