The tariff classification of a hairbrush, a mirror keychain, plastic hair clips, plastic covered metal snap clips, a ponywrap, terrycloth hair ties, plastic hair bands and elastic ponytail holders packed in a tote bag from China.

NY K88231 August 5, 2004 CLA-2-96:RR:NC:SP:233 K88231 CATEGORY: Classification TARIFF NO.: 4202.92.4500; 9603.29.4010; 9603.29.8010; 7009.92.1000; 9615.11.4000; 9615.19.6000; 6117.80.8500; 3926.90.9880; 5609.00.4000 Mr. Craig VerPault Barthco International, Inc. Maritime Center 1 2200 Broening Highway, Suite 200 Baltimore, MD 21224 RE: The tariff classification of a hairbrush, a mirror keychain, plastic hair clips, plastic covered metal snap clips, a ponywrap, terrycloth hair ties, plastic hair bands and elastic ponytail holders packed in a tote bag from China. Dear Mr. VerPault: In your letter dated July 26, 2004, on behalf of CVS/Pharmacy, you requested a tariff classification ruling. The submitted sample, “Smash 39pc Beaded Bag” CVS item number 279037, consists of a zippered tote bag made of clear polyvinyl chloride (PVC) sheeting, with a carrying handle made of pink colored strung plastic beads. The tote bag contains the following items: 1 plastic hairbrush 1 circular glass mirror in heart-shaped plastic frame with keychain 4 plastic claw clips 4 plastic covered metal snap clips 1 knit ponywrap 6 knit terrycloth hair ties 12 plastic hair bands 6 elastic ponytail holders 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. The Smash 39pc Beaded Bag is not considered to be a set for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore, the contents must be classified separately. The applicable subheading for the tote bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Travel, sports, and similar bags: With outer surface of plastic sheeting.” The rate of duty will be 20% ad valorem. The applicable subheading for the hairbrush, 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 hairbrush, 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 mirror keychain will be 7009.92.1000, HTS, which provides for “Glass mirrors, whether or not framed, including rear-view mirrors: Framed: Not over 929 cm² in reflecting area.” The rate of duty will be 7.8% ad valorem. The applicable subheading for the 4 plastic claw 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 4 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 knit ponywrap and the 6 knit terrycloth hair ties will be 6117.80.8500, HTS, which provides for “Other made up clothing accessories, knitted or crocheted…Other Accessories: Other: Headbands, ponytail holders and similar articles." The duty rate will be 14.6% ad valorem. The applicable subheading for the plastic hair bands will be 3926.90.9880, HTS, which provides for “Other articles of plastics, Other.” The rate of duty will be 5.3% ad valorem. The applicable subheading for the elastic ponytail holders 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 3.9% percent 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