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NY I81215

May 2, 2002

CLA-2-96:RR:NC:SP:233 I81215


TARIFF NO.: 9615.19.6000

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

RE: The tariff classification of a hairstyling set from China.

Dear Ms. Ritchings:

In your letter dated April 19, 2002, you requested a tariff classification ruling.

The submitted sample, Model 59074 Graffiti Print Box Set, is a hairstyling set consisting of the following items:

12 4mm elastic ponytail holders
2 cube elastic ponytail holders
1 plastic comb valued at $0.12
1 plastic hairbrush valued at $0.18
1 glass mirror framed in plastic
2 plastic covered metal snap clips
1 plastic scallop claw clip
1 lidded dresser box made of molded plastic and covered with “Graffiti Print” textile fabric

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. GRI 3(c) provides that when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading that occurs last in numerical order among those which equally merit consideration.

The Graffiti Print Box Set is considered to be a set for tariff classification purposes. No single component imparts the essential character, so the set will be classified in accordance with GRI 3(c). In this set, the heading for the plastic covered metal snap clips appears last in numerical order among the competing headings which equally merit consideration.

The textile covered box is properly classified with it contents in accordance with General Rule of Interpretation 5.(a) which states: Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

The applicable subheading for the Graffiti Print Box Set will be 9615.19.6000, HTS, which provides for combs, hair-slides and the like: other: other. The rate of duty will be 11% 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 646-733-3036.


Robert B. Swierupski

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