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NY H83287

July 5, 2001

CLA-2-96:RR:NC:SP:233 H83287


TARIFF NO.: 9603.29.4010; 9615.11.4000; 7009.92.1000; 5609.00.4000; 6117.80.8500 3926.90.9880

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

RE: The tariff classification of a hairbrush, plastic jaw clips, a mirror, and ponytail holders packaged in a molded plastic handbag from China.

Dear Ms. Ritchings:

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

The submitted sample, Model 79500, consists of a molded plastic handbag with a beaded handle, containing the following items:

1 plastic mini hairbrush measuring 4 ½” in length, valued at $.11

4 small plastic jaw clips

1 mirror with a heart-shaped plastic frame

1 elastic ponytail holder with plastic hearts attached to the ends; a simple desk test reveals the inner core to be rubber

6 terry ponytail holders

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 molded plastic pocketbook, 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 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 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 mirror will be 7009.92.1000, HTS, which provides for glass mirrors, whether or not framed, including rear-view mirrors: framed: not over 929 cm² in reflecting area. The rate of duty will be 7.8% ad valorem.

The applicable subheading for the elastic ponytail holder with plastic hearts 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 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, other. The rate of duty will be 14.9% ad valorem. The ponytail holders are not subject to quota or the requirement of a visa.

The applicable subheading for the molded plastic handbag will be 3926.90.9880, HTS, which provides for other articles of plastics, other. 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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