CLA-2-42:RR:NC:TA:341 J82889

Ms. Shirley Price
Funrise Toy Corporation
6115 Variel Ave.
Woodland Hills, CA 91367-3727

RE: The tariff classification of a “Play N Pretty Travel Case” with accessories from China.

Dear Ms. Price:

In your letter dated March 27, 2003, you requested a tariff classification ruling for a “Play N Pretty Travel Case” with accessories.

The sample submitted is described as item 31362 “Play N Pretty Travel Case”. The travel case is a child’s train case of plastic. It is fitted with a plastic packer tray which includes eyeshadow with sponge applicator, plastic mirror, hair clips, toe separators of foam plastic, a heart-shaped emery board and hair scrunchies (ponytail holders) made up of strips of rubber core covered with braided textile yarn. Each item is a fully functional item and is of a kind usually sold at retail sale on its own merits and will be classified accordingly.

The applicable subheading for the train case will be 4202.12.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases and similar containers, with outer surface of plastics, structured, rigid on all sides. The rate of duty will be 20 percent ad valorem

The applicable subheading for the eye shadow will be 3304.20.0000, HTS, which provides for Beauty or make-up preparations and preparations for the care of skin (other than medicaments) including sun screen or sun tan preparations; manicure or pedicure preparations: Eye make-up preparations. The rate of duty will be Free.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412.

The applicable subheading for the sponge applicator will be 9616.20.0000, HTS, which provides for Powder puffs and pads for the application of cosmetics or toilet preparations. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the plastic mirror will be 3924.90.5500, HTS, which provides for other household articles and toilet articles, of plastics, other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the hair clips will be 9615.11.4000, HTS, which provides for Combs, hair-slides and the like: Of hard rubber or plastics: Other: Not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the toe separators will be 3924.90.5500, HTS, which provides for other household articles and toilet articles of plastics, other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the hair scrunchies (ponytail holders) will be 5609.00.4000, HTS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Other. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the heart-shaped emery board will be 6805.20.0000, HTS, which provides for natural or artificial powder or grain, … on a base of paper or paperboard only. The rate of duty will be Free.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division