CLA-2-96:RR:NC:SP:233
Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520
RE: The tariff classification of a child’s hair ornament kit from China. Correction to Ruling Number N013021.
Dear Ms. Trotta:
This replaces Ruling Number N013021, dated July 18, 2007, which contained a clerical error. Correct style number 59414 was erroneously referred to as style number 59413PK. A complete corrected ruling follows.
In your letter dated June 12, 2007 you requested a tariff classification ruling.
The submitted sample Model 59414 Metallic is a 75 piece hair ornament set packaged in a plastic purse. The sample will be returned to you as requested. The kit includes the following pieces, composed of plastic, except where noted:
Hair brush
Two plastic headbands
Jaw clips
Two glitter barrettes
Four metal hair clips
Three sets of Ponytail elastic hair bands
Plastic purse
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 purse, which is a separate article of commerce and more than just a packing container, has a different use than the items in the set. Consequently, each item is classifiable separately under its appropriate heading.
The applicable subheading for the hair brush will be 9603.29.4010, Harmonized Schedule of the United States (HTSUS), which provides for "Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): Toothbrushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: Other: Not valued over 40 cents each: Hairbrushes.”
The rate of duty will be 0.2 cents each plus 7% ad valorem.
The applicable subheading for the plastic headbands, the jaw clip and barrettes will be 9615.11.4000, Harmonized Schedule of the United States (HTS), which provides for “Combs, hair-slides and the like; curling pins, curling grips, hair-curlers and the like, other than those of heading 8615, and parts thereof: 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 the metal hair clips will be 9615.19.6000, Harmonized Schedule of the United States (HTS), which provides for " Combs, hair-slides and the like; curling pins, curling grips, hair-curlers and the like, other than those of heading 8615, and parts thereof: 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 11% ad valorem.
The ponytail holders hair bands are elastomeric monofilaments not exceeding 1 mm in any cross-sectional dimension, sheathed in textile fabric braid. The applicable subheading for the elastic ponytail holders will be either 5609.00.3000 or 5609.00.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope, or cables, not elsewhere specified. If the center core is made of man-made fibers, 5609.00.3000, HTSUS, applies and the rate of duty will be 4.5% ad valorem. If the center core is constructed of rubber, 5609.00.4000, HTSUS, applies and the rate of duty will be 3.9% ad valorem.
The applicable subheading for the polyvinyl chloride (PVC) handbag will be 4202.22.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Handbags, whether or not with shoulder strap, including those without handle, with outer surface of sheeting of plastic.” The rate of duty will be 16 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/.
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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division