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NY D80955

August 26, 1998

CLA-2-44:RR:NC:SP:230 D80955


TARIFF NO.: 4421.90.6000; 3926.20.4010; 4911.99.6000

Mr. Spencer Hutchins
AKA International, Inc.
2601 Elliott Avenue (Suite 3167)
Seattle, WA 98121

RE: The tariff classification of a hair dye applicator set from China.

Dear Mr. Hutchins:

In your letter dated August 10, 1998, on behalf of your client, Sampson Development Corp., you requested a tariff classification ruling.

A sample identified as a "hair dye applicator set" was submitted and is being returned to you as requested. Following importation, sets like the sample will be packaged within retail hair dye (coloring) kits. The sample consists of a small plastic bag containing the following items:

> A flat wooden stick, rounded at both ends, about 15 cm long, 2 cm wide and 1 1/2 mm thick. This item, which is identical or very similar to a tongue depressor, will be used to stir the dye mixture.

> A pair of heat-sealed, seamed plastic gloves to be used for protecting the hands when the hair dye is applied.

> A folded, lithographically printed paper instruction sheet.

Since the above-described merchandise will be repackaged following importation, it will not be considered "goods put up in sets for retail sale" for tariff purposes. The individual components will therefore be classified separately.

The applicable subheading for the wooden stick will be 4421.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for skewers, candy sticks, ice cream sticks, tongue depressors, drink mixers and similar small wares of wood. The rate of duty will be 5.7%.

The applicable subheading for the gloves will be 3926.20.4010, HTS, which provides for other articles of plastics...gloves: other than seamless: other than specially designed for use in sports...disposable. The rate of duty will be 11%.

The applicable subheading for the instruction sheet will be 4911.99.6000, HTS, which provides for other (than certain enumerated) printed matter, printed on paper in whole or in part by a lithographic process. The rate of duty will be 0.2%.

You also inquired about proper country of origin marking for the imported merchandise. Assuming that all three components are made in China and will remain in the plastic bag when repacked into the dye kit, we find that a label, affixed to the bag and bearing wording such as "Contents Made in China," would be acceptable for this purpose. Such a label would have to be in a conspicuous place, legible, and sufficiently permanent to reach the ultimate purchaser.

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 Paul Garretto at 212-466-5779.


Robert B. Swierupski

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