CLA-2-84:OT:RR:NC:1:104
Ms. Gina McClain
Hampton Direct
291 Hurricane Lane
P.O. Box 1199
Williston, Vermont 05495
RE: The tariff classification of the Glam Twirl™ from China
Dear Ms. McClain:
In your letter dated October 14, 2014 you requested a tariff classification ruling.
A sample was submitted to this office called Glam Twirl™, item number 40381, which is 2 hair styling tools in one. The sample will be returned to you as requested. The set includes 1 battery operated Glam Twirl™ handle with 1 twirler and 1 wrapping head attachment, 1 threading tool, 4 pre-threaded color rolls, 24 clip-on beads, 50 rubber bands and a style guide. The battery operated Glam Twirl™ handle is a plastic tool comprised of a plastic applicator and a metal needle at the end of the tool. As a person pushes the switch located on the external surface of the hair twirler up, the plastic applicator, twirls and twists the hair. Then the user switches to the wrapper head attachment to add pretty and dazzling wraps. The metal threading tool holds the hair in position while the beads or rubber bands are applied.
The articles are imported packaged together for retail sale. No components will be added subsequent to importation. In view of these facts, consideration was given to General Rule of Interpretation 3(b) (“GRI 3(b)”). Explanatory Note X to GRI 3(b) provides that for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean 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 specific activity; and (c) are put up in a manner suitable for sale directly to users without repackaging (e.g. in boxes or cases or on boards).
General Rule of Interpretation (“GRI”) 1, HTSUS, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the good.
The instant hair styling kit consists of at least two different articles that are, prima facie, classifiable in different subheadings. The set consists of articles put up together to carry out a specific activity (i.e., hair styling). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kit in question is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. The primary purpose of the kit is to affix decorative beads to the hair. This is done through the proper use of the battery operated applicator. This tool is essential to the function of the set because it is necessary to secure the plastic beads to the hair. In this office’s opinion, the bead applicator provides the essential character to the set.
In accordance with GRI 3(b), the applicable subheading for the Glam Twirl™ item number 40381, will be 8467.29.0090, HTSUS, which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or non electric motor, and parts thereof: With self-contained electric motor: Other: Other. 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 Patricia O’Donnell at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division