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NY M81993




April 4, 2006

CLA-2-56:RR:NC:N3:351 M81993

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000, 5609.00.4000

Una Gauthier
SVS Onsite Import Client Liaison
Barthco International, Inc.
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of ponytail holders from China

Dear Ms. Gauthier:

In your letter dated March 24, 2006, you requested a tariff classification ruling.

The submitted samples are identified as CVS items 346039 and 345927. Item 346039 (also labeled #58519) is a set of four elastic ponytail holders with toggle connectors. You state that the elastic is made out of rubber and is covered with a nylon fabric. Each features a metal toggle-and-bar closure. Two of the elastics contain three glass rhinestones that are embedded into the metal loop portion of the toggle.

Item 345927 (#58471) is a single ponytail holder. You state that the elastic is made out of rubber and is covered with a nylon fabric. Secured to the fastener is a decorative flower that you state is made of tin with acrylic petals. In the center of the flower and in between each petal are rhinestones that are made of glass.

The applicable subheading for the ponytail holders, if the core is composed of man-made elastomeric fibers, will be 5609.00.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified or included: Of man-made fibers. The rate of duty will be 4.5 percent ad valorem.

The applicable for the ponytail holders, if the core is composted of rubber, will be 5609.00.4000, HTSUS, which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified or included: Other. The rate of duty will be 3.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The samples will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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