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NY C83070

February 24, 1998

CLA-2-56:RR:NC:TA:351 C83070


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 December 22, 1997, you requested a tariff classification ruling.

Four representative styles were submitted. We note per a recent telephone conversation, that the country of origin is Thailand.

The first item, style EX232/6, consists of a ponytail holder made from multi-strand rubber cord which is gimped with polyester and metalized textile yarn (heading 5604). Based on General Rule of Interpretation 4, this item is most akin to articles of cordage.

The second item, style EX235/5, consists of a ponytail holder constructed from a narrow fabric of heading 5806 with rubber thread.

The third item, style TS1136, consists of a ponytail holder made from textile covered rubber thread of heading 5604 and braided cordage of heading 5607. As such, they are considered to be articles of cordage under heading 5609.

The fourth item, style TS1141, is a braided ponytail holder made with several man-made fiber chenille yarns of heading 5606 and rubber thread of heading 4007. Following GRI 4, this item is most akin to articles of cordage under heading 5609.

You provided the following technical information for these four styles:

EX232/6 60% Polyester/34% Elastic/6% Metallic

EX235/5 83% Polyester/17% Elastic
TS1136 95% Polyester/5% Elastic

TS1141 66% Nylon/21% Spun Polyester/13% Elastic

The applicable subheading for styles EX232/6, TS1136 and TS1141 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 style 235/5 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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