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NY J81150

February 14, 2003

CLA-2-96:RR:NC:SP:233 J81150


TARIFF NO.: 9603.29.4010; 9615.11.4000; 6805.20.0000; 3924.90.5500; 3304.99.5000; 4202.92.4500

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

RE: The tariff classification of a hairbrush, a plastic jaw clip, a foot file, a bath sponge, body gel, and body lotion packed in a vinyl travel/toiletry bag from China.

Dear Ms. Ritchings:

In your letter dated February 5, 2003, you requested a tariff classification ruling.

The submitted sample, Model 79684W Seven-piece Bath Bag, consists of a zippered travel/toiletry bag made of clear vinyl sheeting measuring 7 ½” wide by 5” in height by 2 ½” deep with two carrying handles The travel/toiletry bag contains the following items:

1 plastic cushion hairbrush measuring 6 ½” in length, valued at $.20

1 9 cm plastic jaw clip

1 foot file

1 body sponge of extruded mesh plastic

1 bottle of body gel

1 bottle of body lotion

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 travel/toiletry 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.

The applicable subheading for the plastic cushion 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 the plastic jaw clip 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 foot file will be 6805.20.0000, HTS, which provides for “Natural or artificial abrasive powder or grain, on a base of textile material, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up: On a base of paper or paperboard only.” The rate of duty will be free.

The applicable subheading for the bath sponge will be 3924.90.5500, HTS, which provides for “Tableware, kitchenware, other household articles and toilet articles, of plastics: Other: Other.” The rate of duty will be 3.4% ad valorem.

The applicable subheading for the body gel and the body lotion 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 sun tan preparations; manicure or pedicure preparations: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for the travel/toiletry bag will be 4202.92.4500, HTS, which provides for “Travel, sports and similar bags, With outer surface of sheeting of plastic, 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 646-733-3036.


Robert B. Swierupski

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