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NY L87663

October 20, 2005

CLA-2-39:RR:NC:SP:221 L87663


Mr. Adrian Boslooper
ATE Group Air Commerce Customs Broker, Inc. 149-09 183rd Street
Springfield Gardens, NY 11413

TARIFF NO.: 3926.90.9880; 6506.91.0060; 3926.20.1020; 8205.59.5560; 9603.29.4090

RE: The tariff classification of articles for hair coloring from China.

Dear Mr. Boslooper:

In your letter dated September 16, 2005, on behalf of Robert Temkin Associates Inc., you requested a tariff classification ruling.

The samples provided with your request are used in the process of color streaking hair. These samples include a plastic tray, non-medical seamless polyvinyl chloride (PVC) gloves, plastic spatulas, a metal hook, a plastic head cap and cosmetic brushes. The hair cap is placed on the head and the metal hook is used to pull strands of hair through the numerous small holes in the head cap. These strands are then colored. You did not identify the type of metal the hook is composed of. For the purposes of this ruling, it is assumed to be of iron or steel. The hair coloring is not included, and these items are not packaged for retail sale at the time of importation. Therefore, each item is classified separately.

The applicable subheading for the head cap will be 6506.91.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other headgear, whether or not lined or trimmed: other: of rubber or plastics, other. The rate of duty will be free.

The applicable subheading for the plastic spatulas and the plastic tray will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the metal hook, if it is composed of iron or steel, will be 8205.59.5560, HTS, which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: other: of iron or steel: other: other (including parts). The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the PVC gloves will be 3926.20.1020, HTS, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessories (including gloves, mittens and mitts): gloves, mittens and mitts: seamless . . . other: disposable. The rate of duty will be free.

The applicable subheading for the brushes will be 9603.29.4090, HTS, which provides for toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the personother: valued not over 40 cents each, other. The rate of duty will be 0.2 cents each 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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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