The tariff classification of a ponytail holder from China

NY M83673 May 22, 2006 CLA-2-56:RR:NC:N3:351 M83673 CATEGORY: Classification TARIFF NO.: 5609.00.3000, 5609.00.4000 Kathy A. Quintano Footstar 933 MacArthur Blvd. Mahwah, NJ 07430 RE: The tariff classification of a ponytail holder from China Dear Ms. Quintano: In your letter dated May 16, 2006, you requested a tariff classification ruling. The submitted sample is an elastic ponytail holder with a textile holder. The holder is in the shape of a flower. It is constructed of a textile-covered stretch cord decorated with a plush flower with an imitation diamond. The applicable subheading for the elastic ponytail holder will be either 5609.00.3000 or 5609.00.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provide for articles of yarn, 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. You suggest that this item be classified 6117.80.8500, HTSUS, which provides for "Other made up clothing accessories, knitted or crocheted…Other accessories: Other: Headbands, ponytail holders and similar articles." However, since this is neither knit nor crocheted, it cannot be classified in heading 6117, HTSUS. You also mention a style with a different flower (pu lami). Without a sample, we cannot classify it; however, please note that the classification of the item in this ruling was not contingent on the flower, but on the textile-covered stretch cord. If you wish a specific classification on the pu lami ponytail holder, please submit a sample. 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/. The sample will be returned as requested, although we had to cut it to see the construction. 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 Mitchel Bayer at 646-733-3102. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division