CLA-2-96:RR:NC:SP:233 G82416
5609.00.3000; 9615.90.6000; 9615.11.4000; 4202.92.4500
Ms. Mary Martin
Lynx International, Inc.
24760 South Main Street
Carson, CA 90745
RE: The tariff classification of a cell phone bag, a comb, a folding brush with mirror, hair accessories and a PVC pouch from China.
Dear Ms. Martin:
In your letter dated September 13, 2000, on behalf of Market USA, you requested a tariff classification ruling.
The submitted sample consists of the following:
One small child’s handbag, referred to as a cell phone bag, made of polyester knit or crocheted yarn inserted with narrow, short cut, plastic strip between the yarns. The bag measures 3½” wide by 4½” in length and has a carrying handle.
One plastic comb measuring 4¾” in length.
One folding plastic brush, which when opened, contains a brush on one side and a mirror on the other. The essential character of the article is imparted by the brush.
Two ponytail holders made of three intertwined strands of elasticized material, each consisting of a core of a single rubber thread and an outer wrapping of polyester material. The two ends have been joined by stitching to form a circle measuring 2” in diameter.
Two metal bobby pins, each with a decorative plastic flower attached to one end.
Two plastic flower shaped hair clips.
All of the above items are contained in a zippered pouch made of clear 4.5 mil thick polyvinyl chloride (PVC), measuring 5” x 8”.
Although packaged together for retail, the above described items are not considered a set for Customs purposes since they do not meet a particular need or carry out a specific activity. Therefore, each item will be classified separately in its own appropriate heading.
The applicable subheading for the small child’s handbag, referred to as a cell phone bag, will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, of man-made fibers. The rate of duty will be 18.6% ad valorem.
The applicable subheading for the plastic comb, if valued not over $4.50 per gross, will be 9615.11.1000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: combs: valued not over $4.50 per gross. The rate of duty will be 14.4 cents/gross plus 2% ad valorem.
The applicable subheading for the plastic comb, if valued over $4.50 per gross, will be 9615.11.3000, HTS, which provides for combs, hair-slides and the like: of hard rubber or plastics: combs: valued over $4.50 per gross: other. The rate of duty will be 28.8 cents per gross plus 4.6% ad valorem.
The applicable subheading for the folding plastic brush, if valued not over 40 cents each, will be 9603.29.4010, HTS, which provides for hairbrushes valued not over 40 cents each. The rate of duty will be 0.2 cents each plus 7% ad valorem.
The applicable subheading for the folding plastic brush, if valued over 40 cents each, will be 9603.29.8010, HTS, which provides for hairbrushes valued over 40 cents each. The rate of duty will be 0.3 cents each plus 3.6% ad valorem.
The applicable subheading for the ponytail holders will be 5609.00.3000, HTS, 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 6.3% ad valorem.
The applicable subheading for the bobby pins will be 9615.90.6000, HTS, which provides for combs, hair-slides and the like…other. The rate of duty will be 11% ad valorem.
The applicable subheading for the plastic flower shaped hair clips will be 9615.11.4000, HTS, which provides for 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 for the zippered pouch made of clear 4.5 mil thick polyvinyl chloride (PVC) will be 4202.92.4500, HTS, which provides for travel, sports and similar bags with outer surface of sheeting of plastic. The rate of duty will be 20% ad valorem.
Items classifiable under HTS subheading 4202.22.8050 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 212-637-7061.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division