The tariff classification of stretch terry loops, ponytailers, mini jaw clips, snap clips and a child’s backpack from China.

NY J82311 March 25, 2003 CLA-2-96:RR:NC:SP:233 J82311 CATEGORY: Classification TARIFF NO.: 6117.80.8500; 5609.00.4000; 9615.11.4000; 9615.19.6000; 4202.92.4500 Ms. Carol Ritchings Conair Corporation 150 Milford Road East Windsor, NJ 08520 RE: The tariff classification of stretch terry loops, ponytailers, mini jaw clips, snap clips and a child’s backpack from China. Dear Ms. Ritchings: In your letter dated March 14, 2003, you requested a tariff classification ruling. The submitted sample, Model 59214 32 Pc. Fur/Suede Flower Denim Backpack with Hair Accessories consists of 20 stretch terry loops, 3 two-tone knit ponytailers, 1 elastic ponytailer, 4 plastic mini jaw clips, 4 plastic covered metal snap clips packed in a child’s backpack made of polyvinyl chloride (PVC) plastic sheeting. The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. 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 child’s backpack, which is a separate article of commerce and more than just a packing container, has a different use than the other items in the set. Consequently, each item is classifiable separately under its appropriate heading. The applicable subheading for the stretch terry loops and the two-tone ponytailers will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted…Other accessories: Other: Headbands, ponytail holders and similar articles.” The rate of duty will be 14.7% ad valorem. The applicable subheading for the ponytailer will be 5609.00.4000, HTS, which provides for “Articles of yarn, . . . twine, cordage, rope or cables, not elsewhere specified or included: Other.” The rate of duty will be 4.3% ad valorem. The applicable subheading for the plastic mini jaw 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 plastic covered metal snap clips will be 9615.19.6000, HTS, which provides for “Combs, hair-slides and the like…Other: Other.” The rate of duty will be 11% ad valorem. The applicable subheading for the child’s PVC backpack will be 4202.92.4500, HTS, which provides for “Travel, sports and similar bags, with outer surface of sheeting of plastic, other.” The rate of duty will be 20% ad valorem. 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