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NY I81551

May 21, 2002

CLA-2-96:RR:NC:SP:233 I81551


TARIFF NO.: 9615.11.4000; 5609.00.4000; 3304.99.5000; 4202.92.4500

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of plastic flower hair clips, plastic hair claw clips, plastic rainbow barrettes, ponytail holders, body glitter gel and a plastic tote bag from China.

Dear Mr. Hoffacker:

In your letter dated May 7, 2002, on behalf of K.B. Toys of Massachusetts, Inc., you requested a tariff classification ruling.

The submitted sample, Beauty Bag Basics Hair Clips Set, Item #21695, is composed of the following items:

4 plastic flower hair clips
2 plastic hair claw clips
2 plastic rainbow barrettes
5 elastic ponytail holders made of textile covered rubber cord 2 plastic bottles filled with body glitter gel, all packaged in an open top tote bag made of sheeting of plastics

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 tote bag, which is a separate article of commerce and more than just a packing container, has a different use than the items in the set. Consequently, each item is classifiable separately under its appropriate heading.

Your sample is being returned as requested.

The applicable subheading for the 4 plastic flower hair clips, the 2 plastic hair claw clips and the 2 plastic rainbow barrettes 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.

The applicable subheading for the 5 elastic ponytail holders 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 4.7% ad valorem.

The applicable subheading for the body glitter gel will be 3304.99.5000, HTS, which provides for beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations: other. The rate of duty will be free.

The applicable subheading for the tote bag made of plastic sheeting will be 4202.92.4500, HTS, which provides for travel, sport and similar bags, with outer surface of sheeting of plastics or of textile materials, other. The rate of duty will be 20% ad valorem.

The body glitter gel may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-1544.

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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