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January 22, 1999

CLA-2-96:RR:NC:SP:233 D86880


TARIFF NO.: 9615.11.4000; 3926.90.3500

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
5995 Opus Parkway, Suite 201
Minnetonka, MN 55343

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

Dear Mr. Anderson:

In your letter dated January 18, 1999, on behalf of Hanover Accessories, Inc., you requested a tariff classification ruling.

The following samples were submitted with your request:

1. Item #109457 is a pair of semi translucent lime green elongated heart shaped plastic barrettes adorned with white flowers, attached to a metal hinged snap clasp. The barrettes are displayed on a plastic retail card.

2. Item D22004C is a pair of lime green elongated v-shaped plastic barrettes adorned with silver etched flowers, attached to a metal spring clasp. The barrettes are displayed on a plastic retail card.

3. Item #117325 is a single semi-translucent purple plastic bar shaped barrette, attached to a metal hinged snap clasp. The barrette is displayed on a plastic retail card.

4. Item #114581 is a single barrette consisting of a shower of individually strung sparkly multi-colored plastic beads, of various lengths up to two inch lengths, attached to a metal hinged snap clasp.

5. Item ##116824 is a set of two aqua blue and lavender colored ponytail holders. They are constructed of a closed loop of braided man-made fiber over a rubber core. The closed elastic loop is adorned and completely obscured by intertwined lengths of sparkly strung plastic beads.

The ponytail holders, sample #5, being neither rigid nor semi-rigid, are excluded from classification in Heading 9615. The subject merchandise being goods of mixed construction, textile and plastic, is classifiable in accordance with GRI 3(b), and shall be classified by the component which gives it its essential character. The elasticized cord holds the hair in place and although an essential component of the ponytail holder, is of secondary importance to the plastic beads which makes them fashion items and impart the essential character. The elasticized cord is functionally necessary to the operation of the ponytail holder but loses its visibility when the item is put to the use for which it is designed.

The applicable subheading for the barrettes, samples #1 through 4, will be 9615.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for combs, hair-slides and the like: of hard rubber or plastics: other: not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the ponytail holders, sample #5, will be 3926.90.3500, HTS, which provides for other articles of plastics... other: beads, bugles and spangles,... articles thereof, not elsewhere specified or included: other. The rate of duty will be 6.5% 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 Lawrence Mushinske at 212-466-5739.


Robert B. Swierupski, Director
National Commodity Specialist Division

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