2
2
N258786
November 25, 2014
CLA-2-56:OT:RR:NC:N3:351
CATEGORY: Classification
TARIFF NO.:5609.00.4000, 3926.90.9980, 4202.92.9060, 6117.80.8500, 9615.11.4000, 9615.90.3000
Ms. Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520
RE: The tariff classification of a hair kit from China
Dear Ms. Trotta:
In your letter dated October 10, 2014, you requested a tariff classification ruling.
You have submitted a sample of an item you call the Scunci Hair Emergency kit, item #20029. The sample consists of 2 pony tail holders, 1 narrow headband, 12 metal bobby pins, 1 plastic mini jaw clip, 1 wide headband, 12 polyester bands and 1mini purse to hold everything.
In your letter, you refer to the hair emergency kit as kit. It is the opinion of this office that this is not a set for tariff purposes. The Explanatory Notes, which constitute the official interpretation of the HTSUS 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, (a) prima facie, classifiable in different headings; (b) consist of products or 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 set fulfills the requirements of (a) and (c) above, but we believe that it fails (b). The function of each part does not join that of the others in a way that might be interpreted as meeting a particular need or carrying out a specific activity. The hairbands or bobby pins, for instance, may be used without the mini jaw clip. The ponytail holders may also be used alone. The needs and activities are entirely independent of each other. This is a collection of related items, but is not a set for tariff purposes; therefore, each item will be separately classified.
You have submitted a 1/4” narrow headband composed of a flat rubber cord sheathed in braided textile fabric and two ponytail folders that are also made with of rubber cord been sheathed in braided textile fabric. Both items are closed by a glue application.
The applicable subheading for the narrow headband and ponytail holders will be 5609.00.4000, Harmonized Tariff Schedule of the United States (HTSUS), 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% ad valorem.
Also included are a dozen metal bobby pins that measure 2” in length and are flat with spring-like prongs that are held close together by tension. The pins serve a functional purpose of holding a specific portion of the user’s hair in a particular position.
The applicable subheading for the bobby pins will be 9615.90.3000, 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.
One plastic mini jaw clip is included with a metal tension spring that serves the functional purpose of holding a specific portion of the user’s hair in a particular position.
The applicable subheading for the plastic jaw hair clip will be 9615.11.4000, HTSUS, which provides for “Combs, hair-slides and the like; hairpins, curling pins, hair-curlers, and the like, other than those of heading 8516, and parts thereof: Combs, hair-slides, and the like: of hard rubber or plastic: Other: Not set with imitation pearls or imitation gemstones.” The rate of duty will be 5.3% ad valorem.
The wide headband provided measures 2” in width and is constructed of polyester and spandex woven fabric. The primary function of the headband is to hold the hair in place.
The applicable subheading for the headband will be 6117.80.8500, HTSUS, which provides for “Other made up accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: Other: headbands, ponytail holders and similar articles.” The duty rate will be 14.6 % ad valorem.
The items identified as TPU hair elastics are small stretch bands in a clear color. The TPU hair elastics hold the hair and can be used as pony-tail holders.
The applicable subheading for the plastic hair bands will be 3926.90.9980, HTSUS, which provides for: Other articles of plastics…Other: Other: Other. The rate of duty will be 5.3 % ad valorem.
The item identified as the mini purse is constructed with an outer surface of polyvinyl chloride (PVC) plastic sheeting material that is reinforced with textile material. The mini purse is unlined with a textile zipper closure. The purse measures approximately 2"W x 3"L x 2"H.
The applicable subheading for the mini purse will be 4202.92.9060, HTSUS, which provides for other containers and cases, with outer surface of plastic sheeting material, other. The rate of duty will be 17.6 % 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/.
The sample will be returned as requested.
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 .
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division