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NY F83034

February 25, 2000

CLA-2:OFO:HW B12 F83034


TARIFF NO.: 8516.32.0020

Ms. Carol Ritchings
Import Manager
Conair Corporation
150 Milford Road
East Windsor, New Jersey 08520

RE: The tariff classification of a Hair Setter with Micro Fibre Bag, Model No. CA 807

Dear Ms. Ritchings:

In your letter of February 10, 2000, you requested a tariff classification ruling for a Hair Setter with Micro Fibre Bag, Model Number CA 807.

Subject merchandise is described as a hot roller set composed of five jumbo rollers and super comb-clips. The rollers are heated within two minutes but are easy to handle as they have stay-cool end rings and are secured by comb-clips . While the kit is compact and portable; it is ideal for travel, home, or office use. It is packaged in a travel case with a micro fibre carrying bag.

Because the merchandise is prima facie classifiable in more than one heading , we must apply the General Rules of Interpretation 1 through 6

GRI 1 and 2 are not applicable.

GRI 3 (a) provides in pertinent part:

The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the items in a set put up for retail sale,
those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods. Hence, the cord, rollers, and comb-clips are considered equal in relation to those goods.

GRI 3(b) provides that goods put up in sets for retail sale, shall be classified as if they consisted of the material or component which gives them their essential character. Thus, the kit in its imported condition reveal the hot rollers and comb- clips as classifiable in different headings, the set is packaged for retail, and the specific activity is to style the hair. As a result of the aforementioned the curlers are considered the essential character.

Although the article is classified as a set, the individual components are subject to textile category numbers as if they were classified separately. Accordingly, the bag falls within textile category designation 670 (NY Ruling F81327). Based upon international textile trade agreements, products of China are subject to quota and the requirements of a visa. Hence, these requirements should be verified at the time of shipment.

The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the Customs Cooperation Council’s official interpretation of the Harmonized Tariff Schedule of the United States (HTSUS). While not legally binding, the ENs provide a commentary on the scope of each heading of the HTSUS. Hence, the applicable subheading for the hot roller set will be 8516.32.0020, Harmonized Tariff Schedule of the United States (HTS) which provides for Electrothermic Hairdressing, Other Hair Dressing Apparatus, Curlers. The rate of duty will be 3.9 percent.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling should be filed with the entry document at the time the merchandise is imported. If the documents have been filed without a copy, the ruling should be brought to the attention of the Customs Officer handling this transaction.


Joyce Henderson
Port Director

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