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NY J84790

May 23, 2003

CLA-2-96:RR:NC:SP:233 J84790


TARIFF NO.: 5609.00.4000; 9615.11.4000; 9615.19.6000; 7009.92.1000; 6117.80.8500; 4202.92.4500

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

RE: The tariff classification of elastic ponytail holders, mini jaw clips, snap clips, a mirror, terry ponytail loops and a mini backpack from China.

Dear Ms. Ritchings:

In your letter dated May 14, 2003, you requested a tariff classification ruling.

The submitted sample, Model 59206 66 Pc. Hair Care Accessories Backpack with Drawstring Top, consists of 40 2mm 3.5” elastic ponytail holders, 4 plastic mini jaw clips, 6 epoxy covered 3 cm metal snap clips, a plastic framed glass mirror, and 14 terry knit ponytail loops packed in a mini backpack. The mini backpack is almost wholly made up of polyvinyl chloride (PVC) and is designed primarily to contain personal effects during travel.

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.

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

The applicable subheading for the elastic ponytail holders will be 5609.00.4000, Harmonized Tariff Schedule of the United States (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 4.3% ad valorem.

The applicable subheading for the plastic mini jaw clips 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 epoxy covered metal snap clips 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.

The applicable subheading for the glass mirror with plastic frame will be 7009.92.1000, HTS, which provides for “Glass mirrors, whether or not framed, including rear-view mirrors: Other: Framed: Not over 929 cm² in reflecting area.” The rate of duty will be 7.8% ad valorem.

The applicable subheading for the terry knit ponytail loops will be 6117.80.8500, HTS, which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or clothing accessories: Other accessories: Other: Headbands, ponytail holders and similar articles.” The rate of duty will be 14.7% ad valorem.

The applicable subheading for the mini backpack will be 4202.92.4500, HTS, which provides for “Travel, sport and similar bags of a sheeting of plastic, with outer surface of sheeting of plastic or of textile materials, 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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