The tariff classification of hair clips, headbands, and onesie gift sets from China.

N143375 February 11, 2011 CLA-2-96:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9615.19.6000, 6117.80.8500, 6111.20.6010 Andrew Blight 311 Industries Inc.434 Airport Road Endicott, NY 13760 RE: The tariff classification of hair clips, headbands, and onesie gift sets from China. Dear Mr. Blight: In your letter dated January 10, 2011, on behalf of CocoPenny LLC, you requested a tariff classification ruling. As requested, the samples submitted will be returned to you. The merchandise at issue consists of a series of hair clips (barrettes), headbands, and infant onesie gift sets. You indicate that the products will be marketed to women, specifically girls and the mothers of toddlers and young girls. The barrettes are made from a fabric material comprised of 80% polyester and 20% wool, with a metal alligator-type clip. The clip allows a person to fasten the barrette to a headband or directly to one’s hair. The barrettes come in three sizes, small (one inch), medium (two inches), and large (three inches), and are designed to resemble flowers (such as daisies, gardenias, rosettes, etc.). The barrettes will be sold in sets, packaged for retail sale in plastic containers (tubes) with rope handles and available in several colors. The small barrettes will be sold in sets of four to a tube, while the medium and large barrettes will be packed two per tube. Per Company submitted information the following style numbers for the barrettes are: (1) small – one inch barrettes; CP-FP1 Felt Peony, CP-FD1 Felt Daisy, CP-FG1 Felt Gardenia, and CP-FC1 Felt Circle, (2) medium – two inch barrettes; CP-FR2 Felt Rosette and CP-FG2 Felt Gardenia, and (3) large – three inch barrettes; CP-FR3 Felt Rosette and CP-FG3 Felt Gardenia. The headbands consist of an elastic band covered by textile material. The head bands are intended to be worn by small children and infants, and can be used to affix the flower clip barrettes without fastening it to their hair. The headbands are sold in sets of two, one a smooth, flat band, the other with ruffled edges. You indicate that the flat headband is made from cotton, while the ruffled headband is made from manmade fabric (nylon and polyester). Per Company submitted information the following style numbers for the headbands are: (1) CP-H1 White Ruffle/Pink Flat, (2) CP-H2 Silver Ruffle/black flat, (3) CP-H3 Purple Ruffle/Cream Flat, (4) CP-H4 Navy Ruffle/Red Flat, and (5) CP-H5 Gold Ruffle/Black Flat. The onesie gift sets contain one infant bodysuit made of cotton, along with two flower barrettes and one headband, all packaged together in one box. The onesies (bodysuits) are offered in four sizes, 3 months, 6 months, 9 months, and 12 months. This gift set is packaged in a manner suitable for retail sale. Per Company submitted information the following style numbers for the onesie gift sets are: (1) CP-JO-A Pink and Purple Rosette Embellishment, Pink/Purple Barrettes, and White Headband; (2) CP-JO-B Purple and Green Violet Cluster Embellishments, Purple/Green Barrettes, and White Headband (3) CP-JO-C Yellow and Navy Heart Shaped Petal Embellishments, Yellow/Navy Barrettes, and White Headband, and (4) CP-JO-D Pink and Teal Circle Embellishments, Pink/Teal Barrettes, and White Headband. Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the HTSUS is such that most goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. Under GRI 3(b), in pertinent part, provides that composite goods consisting of different materials or made up of different components, and goods put up for retail sale, shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. When interpreting and implementing the Harmonized Tariff of the United States (HTSUS), the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. CBP believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). EN VIII to GRI 3(b) explains that “the factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of the constituent material in relation to the use of the goods.” There have been several court decisions on “essential character” for purposes of GRI 3(b). Recent court decisions on essential character for 3(b) purposes have looked primarily to the role of the constituent material in relation to the use of the goods for determining essential character. See, Conair Corp. v. United States, 29 C.I.T. 888 (2005); Structural Industries v. United States, 360 F. Supp. 2d 1330, 1337-1338 (CIT 2005); and Home Depot USA, Inc. v. United States, 427 F. Supp. 2d 1278, 1295-1356 (CIT 2006), aff’d 491 F.3d 1334 (Fed. Cir. 2007). The barrettes are composed of different components, fabric and metal, and would be considered a composite good. Regarding the essential character of the items, we find that the metal alligator-type clip imparts the essential character to the barrettes in that the clip provides the indispensable function of holding the hair – see Headquarters Ruling, HQ 962134 dated October 6, 1998. Accordingly, these items will be classified in heading 9615, HTSUS – the provision, in pertinent part, that covers hair-slides and the like. Regarding the onesie gift set, to be considered a set for tariff purposes, the article must meet the definition of “goods put up in sets for retail sale” as established by the ENs, specifically at Note X to GRI 3(b). The onesie gift set meets the definition for a set in that it contains at least two articles classifiable in different headings, consists of products that are put up to meet a particular need (to dress and accessorize an infant), and are put up in a manner suitable for sale directly to users without repacking. Although no composition breakdown by weight and cost was provided, it is our opinion that the infant onesie (bodysuit) imparts the essential character to the set, as the weight is heavier than the barrettes and headbands, the cost would be higher too, and the item is marketed by you as the onesie gift set. The applicable subheading for the barrettes will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Combs, hair-slides and the like…: Combs, hair-slides and the like: Other: Other.” The rate of duty will be 11% ad valorem. The applicable subheading for the headbands will be 6117.80.8500, Harmonized Tariff Schedule of the United States (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 rate of duty will be 14.6% ad valorem. The applicable subheading for the onesie gift set will be 6111.20.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Babies’ garments and clothing accessories, knitted or crocheted, of cotton: other, other, sunsuits, washsuits and similar apparel.” The rate of duty will be 8.1% 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, Robert B. Swierupski Director National Commodity Specialist Division