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NY H83016

June 29, 2001

CLA-2-96:RR:NC:SP:233 H83016


TARIFF NO.: 9615.11.4000

Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

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

Dear Ms. Ritchings:

In your letter dated June 22, 2001, you requested a ruling on tariff classification.

The submitted sample, 39 Piece Heart Stackable Boxes Model 59032, is a hair accessories set comprised of the following:

6 fancy multi-colored elastic ponytail holders

6 thick braided elastic ponytail holders

12 thin elastic ponytail holders

4 heart-shaped plastic jaw clips

4 small plastic jaw clips

1 medium plastic jaw clip

Each group of accessories is packed in a plastic heart-shaped stackable container.

We find that the above-described items comprise, for tariff purposes, “goods put up in sets for retail sale.” With reference to General Rule of Interpretation ("GRI") 3(c), Harmonized Tariff Schedule of the United States (HTS), we find that the components equally merit consideration in determining the classification of the set, but that none of the components alone can be said to impart the essential character of the whole. Under such circumstances, GRI 3(c) directs that the set be classified under the heading which occurs last in numerical order. In this instance, the classification for the plastic jaw clips occurs last.

The applicable subheading for hair accessories set 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.

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 212-637-7061.


Robert B. Swierupski

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