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NY C83058

February 24, 1998

CLA-2-56:RR:NC:TA:351 C83058


TARIFF NO.: 5609.00.3000; 6217.10.8500

Ms. Angela George
Almar Sales Company
12 West 37th Street
New York, NY 10018

RE: The tariff classification of four types of ponytail holders, from Thailand.

Dear Ms. George:

In your letter dated January 5, 1998, you requested a tariff classification ruling.

Four representative styles were submitted.

The first item, style EX230/6, consists of a ponytail holder composed of rubber thread of heading 4007, braided yarn and filament yarn. The textile yarns are wrapped and gimped around the three rubber threads. This item, based on General Rule of Interpretation 4, is most akin to articles of cordage.

The second item, style EX231/6, consists of a ponytail holder constructed from three strands of trimming like material of heading 5808, which employs fine textile covered rubber thread and a flat braid material, which are twisted together. The ends of the loop are fastened with a metal ferrule. The material is considered to be a textile fabric. Thusly, heading 6217 is invoked.

The third item, style EX233/5, is a ponytail holder made of a braided material using polyester yarns and two rubber threads. the material, itself, would be cordage of heading 5607. As an article, of a closed loop fastened with a metal ferrule, is considered an article of cordage of heading 5609. The fourth item, style TS1135, is a ponytail holder made from textile rubber thread of heading 5604 and textile braid fabric of heading 5808. As such, classification is in heading 6217.

You provided the following technical information for these four styles:

EX230/6 72% Polyester/28% Elastic

EX231/6 78% Polyester/22% Elastic

EX235/5 83% Polyester/17% Elastic

TS1135 66% Nylon/21% Spun Polyester/13% Elastic

The applicable subheading for styles EX230/6 and EX233/5 will be 5609.00.3000, 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, ... of man-made fibers. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for styles 231/6 and TS1135 will be 6217.10.8500, HTS, which provides for other made up clothing accessories, ... ponytail holders and similar articles. The duty rate is 15.1 percent ad valorem.

Articles which are classifiable under subheading 6217.10.8500, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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 George Barth at 212-466-5884.


Robert B. Swierupski

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