The tariff classification of spooled metallic yarn with bobby pins and snap clips, packaged together, from China.

N229457 August 24, 2012 CLA-2-96:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 5605.00.9000; 9615.19.6000; 9615.90.3000 Joanne Balice, Compliance Manager CBI Distributing Corp. Claire’s Accessories Icing by Claire’s 2400 W. Central Road Hoffman Estates, IL 60192 RE: The tariff classification of spooled metallic yarn with bobby pins and snap clips, packaged together, from China. Dear Ms. Balice: In your letter dated August 1, 2012, you requested a tariff classification ruling. The sample of the item labeled “tinsel hair extensions” was received. Style number 10206 “tinsel hair extensions” consist of two spools of metallic yarn, four bobby pins and two snap clips packaged together for retail sales. Instructions on the back of the blister card are as followed: (1) cut tinsel hair extensions to the desired length; (2) loop tinsel hair extensions through the top of the hair clip or bobby pin. If applying directly to hair strands, loop tinsel hair extension around finger and grab hair strands to pull through; (3) take the two ends of the tinsel hair extensions and tie into a secure knot around the clip, bobby pin or hair strands; and (4) style as desired. The Explanatory Notes (ENs), which constitute the official interpretation of the Harmonized Tariff Schedule (HTS) at the international level, state in Note X to Rule 3 (b) that the term “goods put up in sets for retail sale” means goods which: consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need and carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. The combination of articles, presented in the subject merchandise, meet the first criterion for goods put up in retail sales, in that, the metallic yarn is classified in heading 5605 of the HTS and the hair clips are classified in heading 9615 of the HTS. The combination of articles, presented in the subject merchandise, also meet the last criterion, in that, the goods are packaged for retail sales. However, we are of the opinion that the last criterion has not been meet, in that, the hair clips and bobby pins can be used by themselves to hold hair, while the spooled metallic yarn can be used for weaving and needlepoint, as well as other purposes. Consequently, each individual item is separately classified. The applicable subheading for the metallic yarn, will be 5605.00.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Metalized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal: Other.” The rate of duty will be 13.2% ad valorem. The applicable subheading for the metal, snap clips, will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs, hair-slides and the like: Other: Other.” The rate of duty will be 11% ad valorem. The applicable subheading for the metal, bobby pins, will be 9615.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Other: Hair pins.” The rate of duty will be 5.1% 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 Neil H. Levy at (646) 733-3036. Sincerely, Thomas J. Russo Director National Commodity Specialist Division