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NY A84851

July 12, 1996

CLA-2-56:RR:NC:TP:351 A84851


TARIFF NO.: 5609.00.3000, 5609.00.4000

Mr. Jeffrey A. Meeks
Meeks & Sheppard
330 Madison Ave.
New York, NY 10017

RE: The tariff classification of elastic ponytail holders from China

Dear Mr. Meeks:

In your letter dated June 14, 1996 you requested a tariff classification ruling on behalf of L & N Sales and Marketing Inc.

You have submitted 16 samples of various styles of ponytail holders, ranging in size from 2 to 5 inches in diameter. All consist of a core of a single rubber thread and an outer wrapping of textile material, two ends of which have been joined by a small metal clip to form a circle. All are packaged on retail cards which hold anywhere from 5 to 48 ponytail holders.

Styles 13913, 13915, 13998, 14202, 14550, 14551, 14554, and 14555 all have a tightly braided man-made fiber outer covering over the rubber core, and differ only in size and color. Style 14540 fits the same description, except that the rubber core deviates from the center at intervals, creating a buckling effect. Styles 14279 and 14283 also have braided man-made fiber outer coverings, which have a different appearance from the other items because the braid is looser and is made with bulkier yarns.

Style 14553 has a rubber core with a tightly braided outer covering of man-made fiber and fine metalized strips.

Styles "A" and "B" consist of four cords twisted together and joined to form a circular loop; each of the four cords consists of a tightly braided outer covering of man-made fiber over a rubber core.

Style "C" has a core which consists of a tightly braided man-made fiber/rubber cord similar to the items in the first group above, around which is tied, at 1/2 inch intervals, a set of three braided man-made fiber cords.

Style 14274 consists of a rubber core wrapped with combed untwisted man-made fiber, held in place by a man-made fiber yarn to create a decorative spiral effect.

All of the above ponytail holders are made of materials which, if imported in the piece rather than made up into ponytail holders, would be classified under heading 5604 of the Harmonized Tariff Schedule of the United States (HTS); as such, they are not considered "textile fabrics."

The applicable subheading for style 14553 will be 5609.00.4000, HTS, which provides for articles of yarn, strip, or the like...; other. The rate of duty will be 7 percent ad valorem. The applicable subheading for all of the remaining items will be 5609.00.3000, HTS, which provides for articles of yarn, strip, or the like...; of man-made fibers. The rate of duty will be 8.1 percent ad valorem.

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 Jeff Konzet at 212-466-5885.


Roger J. Silvestri

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