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NY C82629

December 31, 1998

CLA-2-62:RR:NC:3:353 C82629


TARIFF NO.: 6117.80.8500; 5609.00.4000

Ms. Angela George
Almar Sales Co.
12 West 37th St.
New York, N.Y. 10018

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

Dear Ms. George:

In your letter dated December 4, 1997 you requested a tariff classification ruling.

The submitted samples are ponytail holders styles EX236/10 and EXT642 consist of man-made fiber knitted fabric. Style EX255/4, EX581/6 and EX583/6 are made up of closed loop of rubber thread or cord, textile covered, which is provided for under subheading 5604.10. However there is no provision for made up articles of such material. Heading 5609 does provide for articles of yarn..., cordage, rope, but this heading does not cover the materials of 5604. Therefore we rely on General Rules of Interpretation 4 which states: Goods which cannot be classified in accordance with the above rules shall be classified under the heading appropriate to the goods to which they are most akin.

The applicable subheading for styles EX236/10 and EXT642 will be 6117.80.8500, 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 15.1% ad valorem.

The applicable subheading for styles EX255/4, EX581/6 and EX583/6 will be 5609.00.4000, 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 rate of duty will be 6.2% 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 Martin Weiss at 212-466-5881.


Robert B. Swierupski

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