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NY N014471

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August 14, 2007

CLA-2-61:RR:NC:N3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5600, 6217.10.8500, 3926.90.9980, 6117.80.8500 9615.11.5000, 4811.90.9000

Ms. Kathy Trotta
Conair Corp.
150 Milford Rd.
East Windsor, NJ 08520

RE: The tariff classification of ponytail holders, headbands and a carrying case from China.

Dear Ms. Trotta:

In your letter dated July 11, 2007, you requested a classification ruling. The samples will be returned to you.

The submitted sample, Model 25007 is a 200 piece hair set that includes ponytail holders and headbands with a carrying case. 1 carrying case
35 2mm L Crimped Elastics ponytail holders 5 9mm Flat Crimped HW
25 2mm Small Crimped Elastics
35 Large Polybands
15 4mm Large Crimped Elastics
25 2.25cm Terry O’s
35 10mmTerry O’s
7 Crimped Shoelace Ponytail holders
5 5mm Flat Crimped Elastic HW
12 1.5cm Oval Topped Jaw Clips
1 Printed Card/Advertising card

Examination reveals that the case that you call a carrying case is a storage case made of molded plastic material with a handle on top. The case is used for storage and portability. The different size Crimped Ponytail holders are made of woven man-made fiber fabric and the large polybands are made of plastic material. The two different Terry O’s are made of knit man-made fiber fabric and the hair accessory Jaw Clips are made of plastic material.

The applicable subheading for the Store Em Case will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and toilet articles, Of plastics: Other.” The rate of duty will be 3.4% ad valorem.

The applicable subheading for the L Crimped Elastics, Flat Crimped HW, Small Crimped Elastics, Large Crimped Elastics, Crimped Shoelace Ponytailers and Flat Crimped Elastic HW will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up clothing accessories; parts of garments or of clothing accessoriesAccessories: Other: Headbands, ponytail holders and similar articles." The rate of duty will be 14.6% ad valorem.  

The applicable subheading for the large polybands will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other articles of plastics, Other.” The rate of duty will be 5.3% ad valorem.   

The applicable subheading for the Terry O’s will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: Other: headbands, ponytail holders and similar articles." The duty rate will be 14.6% ad valorem.

The applicable subheading for the Oval Jaw Clips will be 9615.11.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Other: Other.” The rate of duty will be free.

The applicable subheading for the printed card will be 4811.90.9000, HTSUS, which provides for: “Paper, paperboard.printed.in rectangular (including square) sheets, of any size: Other (than certain specified kinds).” The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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/.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3924.90.56 - Household articles and toilet articles, nesoi, of plastics
• Tariff No.: 3926.90.99 - Other articles of plastic, nesoi
• Tariff No.: 4811.90.90 - Paper, paperboard, cellulose wadding and webs of cellulose fibers, nesoi, in rolls n/o 15 cm wide or rectangular sheets nesoi
• Tariff No.: 6117.80.85 - Headbands, ponytail holders & similar articles, of textile materials other than containing 70% or more by weight of silk, knitted/crocheted
• Tariff No.: 6217.10.85 - Headbands, ponytail holders and similar articles, of textile materials containing < 70% by weight of silk, not knit/crochet
• Tariff No.: 9615.11.50 - Hair slides and the like, of hard rubber or plastics, set w/imitation pearls or imit. gemstones