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NY N017857

October 9, 2007



TARIFF NO.: 9615.19.6000

Anne Amiche
10449 Whitebridge Lane
St Louis, MO 63141

RE: The tariff classification of a barrette from France.

Dear Ms. Amiche:

In your undated letter you requested a tariff classification ruling.

The submitted sample is a barrette with a pinched clip. The clip is made of metal and will be imported in two sizes: medium (6 cm) and large (8 cm). Attached to the clip is a decorative textile in the shape of an animal. The fabric will be 100% cotton or 50% cotton/ 50% linen.

Classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to [the remaining GRI's]." In other words, classification is governed first by the terms of the headings of the tariff and any relative section or chapter notes.

Inasmuch as the barrette is a composite good [metal, textile] its classification is governed by GRI 3(b), HTSUS, which reads as follows:

“3. When, by application of rule 2(b) or for any other reason, goods are prima facie, classifiable under two or more headings, classification shall be effected as follows:

(b) Mixtures, composite goods consisting of different materials or made up of different components which cannot be classified by reference to 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.”

The metal component plays a more important role in the use of the product than the textile. Consequently, the metal imparts the essential character to the barrette.

The applicable subheading for the barrette will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Combs, hair-slides and the like, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs, hair-slides and the like: Other: other.” The rate of duty will be 11 % ad valorem.

The submitted sample will not be marked with its country of origin at the time of entry. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

“Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.”

The submitted sample must be marked with its country of origin at the time it enters the United States. Accordingly, your proposal to mark the country of origin after the merchandise has been released to your premises is not acceptable.

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 Lawrence Mushinske at 646-733-3036.


Robert B. Swierupski

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