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NY I84950

August 19, 2002

CLA-2-96:RR:NC:SP:233 I84950


TARIFF NO.: 9615.11.4000; 7117.90.7500

Mr. Michael K. Tomenga
Neville Peterson LLP
1900 M Street, N.W., Suite 850
Washington, D.C. 20036

RE: The tariff classification of a plastic headband with barrettes and a plastic necklace from China.

Dear Mr. Tomenga:

In your letter dated August 6, 2002, on behalf of Creata Promotion USA, Inc., you requested a tariff classification ruling.

The submitted samples are as follows:

1. Headband with Barrettes (Wrin No. 07842-018)

The articles consist of a plastic pink-colored semi-translucent headband with four detachable plastic kitten-face barrettes. The headband is flexible and curved in the shape of a horseshoe with an open end. It is approximately 14 inches long, ¾ of an inch at it widest point and the opening at its base is about 3 ½” wide. Sparkles are molded into the plastic. The name of a well-known animated kitten appears in raised letters on the lower part of the upper surface of the headband, followed by a heart, a star and another heart also in raised relief. The pattern is repeated on the other side of the object. The underside of the headband has six rows of rounded mini-teeth, each of about 1/16 of an inch in length. The rows are approximately 1 inch long and arranged in the center line of the headband. There is about ¾ of an inch horizontal spacing between the rows.

Packed with the headband are four plastic barrettes in the shape of the well-known kitten’s face. The barrettes may be attached to the headband as a decoration or may be detached from the headband and used separately, as indicated on the instruction sheet packaged with the hair accessories.

Each barrette is molded in two pieces of white plastic with a flexible plastic snap strip protruding from the side of the barrette. The barrettes are approximately 2 inches wide, 1½ inches in height and approximately ½ inch in width. The flexible strip is approximately 1 ½ inches in length and ½ inch in width. The kitten’s face has painted –on two gray eyes, three gray whiskers on either cheek, a yellow nose and a decorative bow attached to the left ear of the kitten. The character is mouthless.

The four barrettes are identical, except for the design of the decorative bow and the placement of the flexible plastic strip, which allows it to be attached to the headband. One design has the kitten wearing a pink color bow attached to its left ear; the other has the kitten wearing a bow consisting of three small circles containing a star shaped design on a blue background, a small snowflake on a pink background and the star pattern repeating again. The plastic snap strip has a small hole at its far end to facilitate attaching the barrette to the headband.

Light-Up Necklace (Wrin No. 07842-018)

This article consists of a two-piece, semi-translucent pink colored plastic pendant, molded in the form of a heart, with a blinking light. It is approximately 1 ¾ inches wide, ½ inch long and 1 inch thick. The entire plastic exterior has multicolor glitter molded in the plastic to give it a festive design.

The face of the pendant has stars and snowflakes incorporated into the design. Raised on the surface of the pendant is a ½ inch high and ½ inch wide switch molded in the shape of a white kitten’s head, with a pink bow attached to its left ear. The head has two small gray eyes, three gray whiskers on each cheek, a yellow nose, and a decorative pink bow attached to its left ear. The kitten is mouthless.

The back plastic cover is removable and contains a clip, which can be used to attach the pendant to an item of clothing or other object such as a backpack or a pocket book. When the back cover is removed, it exposes an inner cover which is attached to the main heart pendant by two screws. The inner cover also exposes an “on-off” switch to allow the blinking light to be activated by the kitten head switch on the pendant’s front. When the switch in the back of the object is in the “on” position and the kitten shaped switch on the front of the necklace is depressed, a red blinking light flashes approximately 8 times and outlines the face of the kitten. Every time the switch is pressed this light flashes giving the heart-shape object an exciting and happy appearance.

Also protruding from the back of the inner cover of the pendant heart are two silver color cords, approximately 7 ½ inches in length. The cords are attached to two small pink colored plastic half-heart shaped clasps. The clasps can be fastened and unfastened. The cords and the clasps allow the object to be worn as a necklace. The cords can be placed inside the heart when used as a decorative item, as indicated in the instruction sheet packaged with the pendant. The necklaces are valued at more than 20 cents per dozen and more than 8 cents per piece.

Your samples are being retained for official purposes.

The applicable subheading for the plastic headband with 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 plastic necklace will be 7117.90.7500, HTS, which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics. The rate of duty will be free.

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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