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NY H83108

July 2, 2001

CLA-2-96:RR:NC:SP:233 H83108


TARIFF NO.: 9603.29.4010; 6117.80.8500; 5609.00.4000; 9615.11.4000; 4202.99.9000

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

RE: The tariff classification of a hairbrush, ponytail holders, plastic jaw clips and a carrying case from China.

Dear Ms. Ritchings:

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

The submitted sample, Model 79509, consists of a plastic carrying case containing the following items:

1 mini plastic hairbrush measuring 4 ½” in length, valued at $.25

4 terry ponytail holders

10 elastic ponytail holders; a simple desk test reveals the inner core to be rubber

2 medium plastic jaw clips

4 small plastic jaw clips

2 elastic ponytail holders with plastic cubes attached to the ends; a simple desk test reveals the inner core to be rubber

The carrying case is composed of molded plastic and measures approximately 5 ½” x 5” x 4 ¼”. The item has a plastic handle which folds down for convenient storage. It is secured by means of a plastic lift-lock fastener. The items are shrink wrapped together and will be sold as a set.

Although sold as a set, the above items are not classifiable as a set because not all the items in the set are designed to meet a particular need or carry out a specific activity. The carrying case, which is a separate article of commerce and more than just a packing container, has a different use than the other items in the set. Consequently, each item is classifiable separately under its appropriate heading.

The applicable subheading for the hairbrush will be 9603.29.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for hairbrushes valued not over 40 cents each. The rate of duty will be 0.2 cents each plus 7% ad valorem.

The applicable subheading for the terry ponytail holders will be 6117.80.8500, HTS, which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: other: headbands, ponytail holders and similar articles. The rate of duty will be 14.9% ad valorem. The terry ponytail holders are not subject to quota or the requirement of a visa.

The applicable subheading for the 10 elastic ponytail holders and the 2 elastic ponytail holders with decorative plastic cubes attached will be 5609.00.4000, HTS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: other. The rate of duty will be 5.1% ad valorem.

The applicable subheading for the 2 medium and 4 small plastic jaw clips will be 9615.11.4000, 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 carrying case will be 4202.99.9000, HTS, which provides for trunks, suitcases, camera cases and similar containers, other, other, other. The rate of duty will be 20% 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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