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NY H82174

June 25, 2001

CLA-2-58:RR:NC:TA:350 H82174


TARIFF NO.: 3926.90.9880; 5808.90.0010; 9603.90.8050

Mr. John Carrier
STK International International
5500 E. Olympic Blvd.
Los Angeles, CA 90022

RE: The tariff classification of two bags of pom-pons, and a package containing chenille “sticks”, pom-pons and plastic eyes, for use in crafts and hobbies, etc., from China.

Dear Mr. Carrier:

In your letter dated May 16, 2001, you requested a classification ruling.

You submitted three individual retail packages which were identified as stock #’s 8113-01, 8115-01 and KPBA, respectively. Your samples are being returned per your request.

The first item, #8113-01, consists of a plastic retail package containing 50 pom-pons measuring about 1" in diameter. These pompons, which are dyed many different colors, consist of short fibers, which appear to be man-made, that are secured in the middle and fluffed out into a spherical configuration.

General Rule of Interpretation #4 states that “goods which cannot be classified in accordance with GRI’s 1 through 3 shall be classified under the heading appropriate to the goods to which they are most akin.” While the Explanatory Notes to tariff subheading 5808 (pompons) refer to pompons as “short threads secured together in the middle and fluffed out in all directions”, following the pertinent General Rule of Interpretation cited above, we deem these pompons which are composed of short fibers, not threads, to be considered as such within the meaning of the tariff and properly classifiable in tariff subheading 5808.90.0010.

The first item, #8115-01, identified as “glitter poms”, consists of a plastic retail bag containing 40 pom-pons which also measure about 1" in diameter. These pom-pons consist of short man-made fiber yarns or threads as well as short metallic textile strips which, again, are secured in the middle and fluffed out in all directions. From their appearance, it appears that the man-made fiber threads are in chief weight.

The third and final item, identified as #KBPA, consists of a retail package containing three items. First, there are 18 pompons similar in construction and composition to those described in stock #8113-01, but measuring between approximately 1/4" and 1.25" in diameter. Additionally, there are 18 chenille stems (not 12 as stated in your correspondence) measuring 12" long (often referred to as pipe-cleaners) which are composed of acrylic fibers twisted around a wire stem. Finally, there is a small plastic bag or pouch containing 12 plastic dots, which are supposed to resemble eyes of various sizes. They are composed of a clear, concave plastic front attached to a flat opaque back within which is housed a black plastic disc which is smaller in circumference than the outer casing. The black disc moves when the casing is moved or shaken which simulates a moving eyeball.

The applicable subheading for all the pompons in all three packages, will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for tassels, pom-pons and similar articles, of man-made fibers. The duty rate will be 5.1 percent ad valorem.

The applicable subheading for the chenille stems in item #KBPA, will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for brooms, brushes other, other. The duty rate will be 2.8 percent ad valorem.

The applicable subheading for the plastic eyes in item #KBPA, will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The duty rate will be 5.3 percent ad valorem.

The pompons classifiable in tariff subheading 5808.90.0010, HTS, fall within textile category designation 229. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7085.


Robert B. Swierupski

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