The tariff classification of hair accessories, packaged together, from China.

N258275 November 14, 2014 CLA-2-96:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9615.19.6000 Kathy Trotta Administrative Assistant Conair Corporation 150 Milford Road East Windsor, NJ 08520 RE: The tariff classification of hair accessories, packaged together, from China. Dear Ms. Trotta: In your letter dated October 10, 2014, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you. No material breakdown was provided by composition of each piece, weight of each piece and cost of each piece. Item 20034-W, is the Scünci®, “Get the pony Look.” There are three items contained within the blister card packaging: (1) a dome shaped hair volumizer with an attached metal barrette (2) an elastic ponytail holder and (3) an alligator clip covered over with a fabric, zebra pattern bow. The Explanatory Notes (ENs), which constitute the official interpretation of the Harmonized Tariff Schedule of the United States (HTSUS) at the international level, state in Note X to Rule 3 (b) of the General Rules of Interpretation (GRIs), that the term “goods put up in sets for retail sale” means goods which: (a) 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. Because the components of the “Get the pony Look” are classified in two or more different headings of the HTSUS, are used together to accessorize one’s hair, and are packaged together for retail sale, we find that the merchandise concerned falls within the term goods put up in sets for retail sale. For the “Get the pony Look,” the component or components taken together which can confer onto the set as a whole its essential character will determine the classification of the set, insofar as an essential character determination can be rendered. The ENs to the HTSUS, at GRI 3 (b) (VIII), state that “the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.” By observation of the sample, the fabric, zebra pattern bow predominate in visual size, thereby spreading across and covering from view the elastic ponytail holder and underlying hair volumizer. It is the fabric, zebra pattern bow which provides the ornamentation to this set, and as such, imparts the essential character to the set. The applicable subheading for the “Get the pony Look” will be 9615.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Combs, hair-slides and the like; hair pins, 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. 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 E-mail address: neil.h.levy@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division