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NY J82313

March 20, 2003

CLA-2-96:RR:NC:SP:233 J82313


TARIFF NO.: 9603.29.4010

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 March 14, 2003, you requested a tariff classification ruling.

The submitted sample, Model 79674 Small 11 Pc. Heart Cylinder Bag, is a hairstyling set consisting of two midsize hairbrushes, two chunky plastic jaw clips, two plastic covered metal snap clips, and four fuzzy elastic ponytail holders packed in a zippered cylinder shaped clear vinyl bag. The hairbrushes are 6 ½” in length. The vinyl bag is 7” in height by 3 ½” in diameter and features a carrying handle. The bag is sized to accommodate the hairstyling set. The hairbrushes are valued at not over 40 cents each.

Classification is based upon the General Rules of Interpretation (GRIs). The hairstyling set is considered a set for classification purposes. GRI 3 requires that composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference 3 (a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. Since the set meets the definition of a “set” as per GRI 3 (b), it would be classifiable according to the component, or components taken together, which can be taken as conferring on the set as a whole its essential character. The essential character of the hairstyling set is imparted by the hairbrushes.

The applicable subheading for the hairstyling set 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 for each piece in the set plus 7% 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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