CLA-2-56:OT:RR:NC:N3:351

Troy D. Crago
Import Specialist
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a ponytailer from China

Dear Mr. Crago:

In your letter dated May 1, 2008, you requested a tariff classification ruling.

The submitted sample is identified as an Easter Flower Ponytailer/Bracelet (Item Number A041FA00435). The item is a ponytailer that is constructed of a stretch cord with nine woven polyester flowers attached. In your letter you state that the cord has a rubber core; it is sheathed with braided polyester textile fabric. This construction, a textile-covered rubber cord, is considered a yarn or cordage for tariff purposes.

While you refer to the item as a ponytailer/bracelet, the retail card calls it a scrunchie. It is typical of a ponytail holder, not a bracelet.

The applicable subheading for the ponytailer A041FA00435 will be 5609.00.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified, other. The rate of duty will be 3.9% 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/.

The sample will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division