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NY F86846

May 26, 2000

CLA-2-49:RR:NC:2:234 F86846


TARIFF NO.: 4911.91.4040, 3304.99.5000, 7326.20.0050, 9615.11.4000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, Pennsylvania 19153

RE: The tariff classification of “Sassy Boutique”, from China.

Dear Mr. Hoffacker:

In your letter dated May 4, 2000, on behalf of your client, Consolidated Stores, Inc., Columbus, Ohio you requested a tariff classification ruling.

Samples were submitted, which will be returned to you as requested. They are of Article 80500, A,B,C,D and E, denominated “Up-To-Date Sassy Boutique”. (Styles A and D will be the subjects of Ruling letter F86967; Style C was the subject of Ruling letter F86968, previously issued to you.) The samples B and E are assortments of three articles, packaged together for retail sale, mounted under a plastic blister on a “header card” which measures 7 ½” x 5”.

Style B contains a small packaged quantity of “Body Glitter”, a metal keychain with a fob that is a miniature bound book, and 2 sets of “Nail Art Decals”, which are printed plastic stickers that are ridged and not flat, and are pressure-sensitive for application to a finger nail or toe nail.

Style E contains a small packaged quantity of “Body Glitter”, a single set of “Nail Art Decals”, and a plastic decorative hair ornament.

Styles B and E will not be treated for tariff purposes as “goods put up in sets for retail sale”, but will be considered merely assortments of components, each of which is separately classifiable, inasmuch as one or more components of each Style does not meet the same particular need or carry out the same specific activity as do the other components of that style.

The applicable subheading for the “Nail Art Decals” will be 4911.91.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other printed matter: Pictures, designs and photographs: Other (than certain specified kinds). The rate of duty will be 1.2 percent ad valorem.

The applicable subheading for the “Body Glitter” will be 3304.99.5000, HTS, which provides for: Beauty or make-up preparations: Other. The rate of duty will be Free.

The applicable subheading for the metal keychain with fob will be 7326.20.0050, HTS, which provides for: Other (than certain specified) articles of iron or steel wire. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the plastic decorative hair ornament will be 9615.11.4000, HTS, which provides for: Combs, hair slides and the like: Of hard rubber or plastics: Other than combs: Not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3 percent 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 Carl Abramowitz at 212-637-7060.


Robert B. Swierupski

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