CLA-2-71:OT:RR:NC:N4:433
Kathy Trotta
Administrative Assistant
Conair Corporation
150 Milford Road
East Windsor, NJ 08520
RE: The tariff classification of combined ponytail holders and bracelets from China.
Dear Ms. Trotta:
In your letter dated June 11, 2012, you requested a tariff classification ruling. As requested, the samples submitted will be returned to you.
Item 51696-A, is a scünci®, “for your hair and your wrist,” chain-link ponytail holder and bracelet. The item is described as a gold chain with topaz, champagne and clear beads. The topaz, champagne and clear beads are composed of plastic. The item can be worn as an accessory to hold and adorn one’s hair, or worn as a bracelet for personal adornment. The item is composed of 60% steel, 20% rubber, 10% plastic and 10% nylon. The cost of the metal links exceeds the cost of the elastic. This item is marketed on the blister card as: wear just one or stack’em for a trendy look.
Item 51697-A, is a scünci®, “for your hair and your wrist,” faceted, beaded ponytail holder and bracelet. The item is described as rose and black beads on elastic. The beads are composed of plastic. The item can be worn as an accessory to hold and adorn one’s hair, or worn as a bracelet for personal adornment. The item is composed of 60% plastic, 25% rubber, 10% nylon and 5% steel. The cost of the beads exceeds the cost of the elastic. This item is marketed on the blister card as: wear just one or stack’em for a trendy look.
Item 51698-A, is a scünci®, “for your hair and your wrist,” three loop ponytail holder and bracelet. The item is described as hammered bronze, gold and hematite rings on knotted black elastic. The three rings (loops) are composed of steel. The item can be worn as an accessory to hold and adorn one’s hair, or worn as a bracelet for personal adornment. The item is composed of 52% polyester, 40% steel and 8% rubber. The cost of the polyester band exceeds the cost of the three metal loops. This item is marketed on the blister card as: wear just one or stack’em for a trendy look.
Item 51699-A, is a scünci®, “for your hair and your wrist,” ringmail ponytail holder and bracelet. The item is described as antiqued silver chains on black elastic. The silver chains are composed of steel. The item can be worn as an accessory to hold and adorn one’s hair, or worn as a bracelet for personal adornment. The item is composed of 75% steel, 18% rubber and 7% nylon. The cost of the metal links exceeds the cost of the elastic. This item is marketed on the blister card as: wear just one or stack’em for a trendy look.
Legal Note 11 in conjunction with Legal Note 9 (a) to Chapter 71 of the Harmonized Tariff Schedule of the United States (HTSUS) provides in pertinent part, that the expression “imitation jewelry” means any small articles of personal adornment for example rings, bracelets, necklaces, brooches, earrings, pendants, pins, and the like – not incorporating precious metal or metal clad with precious metal, except as minor constituents. We find that the combined use ponytail holders and bracelets, not only fall within the trade and commerce meaning of hair accessories, but also fall within the meaning of “imitation jewelry” classifiable in heading 7117, HTSUS.
The combined ponytail holders and bracelets (merchandise concerned) cannot be classified in accordance with the General Rules of Interpretation (GRIs), HTSUS, GRI 1, by the terms of the headings and any relative section and chapter notes. No one heading specifically covers the merchandise concerned. As such, GRI 3 is implicated. GRI 3 (a), the “heading which is more specific” cannot be used to classify the merchandise concerned because two or more headings each refer to part only of the materials contained in these composite goods; therefore, those headings are to be regarded as equally specific in relation to the goods. Accordingly, the merchandise will be classified under the principle of GRI 3 (b), essential character, insofar as this criterion is applicable, or by its fall out, GRI 3 (c), the heading occurring last in numerical order among those which equally merit consideration.
For items: 51696-A (chain-link ponytail holder and bracelet), 51697-A (faceted, beaded ponytail holder and bracelet), and 51699-A (ringmail ponytail holder and bracelet), we find that the goods are prima facie classifiable in heading 5609 (articles of yarn, twine, cordage, rope or cables, not elsewhere specified or included) and heading 7117 (imitation jewelry). As the functionality of the merchandise concerned is primarily to adorn one’s self, when worn in the hair or around the wrist, at alternating intervals, we are of the opinion the combined ponytail holders and bracelets have no essential character. Consequently, items, 51696-A, 51697-A and 51699-A, are classified in the heading occurring last in the tariff schedule, which is heading 7117, HTSUS.
For item 51698-A (three loop ponytail holder and bracelet), we find that the good is prima facie classifiable in heading 6217 (other made up clothing accessories…headbands, ponytail holders….) and heading 7117 (imitation jewelry). As the functionality of the merchandise concerned is primarily to adorn one’s self, when worn in the hair or around the wrist, at alternating intervals, we are of the opinion the combined ponytail holders and bracelets have no essential character. Consequently, item 51698-A is classified in the heading occurring last in the tariff schedule, which is heading 7117, HTSUS.
Using GRI 6 in conjunction with GRI 3 (b), essential character determinations at the subheading level for the combined ponytail holders and bracelets will be undertaken:
For item 51696-A (chain-link ponytail holder and bracelet) the essential character of the good is not the stretch cord, but rather the metal chain-links, in that, the bulk and size of the three rows of links, draw one’s eye onto the bracelet worn for personal adornment.
For item 51697-A (faceted, beaded ponytail holder and bracelet), the essential character of the good is not the stretch cord, but rather the plastic beads, in that the large size, multi-faceted, rose and black colored beads, draw one’s eye onto the bracelet worn for personal adornment.
For item 51698-A (three loop ponytail holder and bracelet) the essential character of the good is not the polyester band having a knotted closure, but rather, the three metal rings, in that, there is, one ring styled in hammered bronze with an indented pattern, one ring styled in gold with an indented pattern and one ring styled in hematite with an indented pattern, all of which, draw one’s eye onto the bracelet worn for personal adornment.
For item 51699-A (ringmail ponytail holder and bracelet), the essential character of the good is not the stretch cord, but rather the steel chain links, in that the bulk and size of the links are designed to imitate “armour” constructed in a series of metallic rings, and moreover, the metallic rings, draw one’s eye onto the bracelet worn for personal adornment.
The applicable subheading for item 51696-A (chain-link ponytail holder and bracelet), item 51698-A (three loop ponytail holder and bracelet), and item 51699-A (ringmail ponytail holder and bracelet), will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation Jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” The rate of duty will be 11% ad valorem.
The applicable subheading for item 51697-A (faceted, beaded ponytail holder and bracelet), will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.
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