NY 857959
Dec 07 1990
CLA-2-96:S:N:N1:236 857959
Mr. Paul John Crowley
Sharretts, Paley, Carter & Blauvelt
67 Broad Street
New York, N.Y. 10004
RE: The tariff classification of Cool Jewels from Taiwan
Dear Mr. Crowley:
In your letter dated November 13, 1990, on behalf of your
client K Mart Corporation, you requested a tariff classification
ruling.
The prospective import called Cool Jewels consist of four to
five fashion accessories, blister packed for retail sale. The
fashion accessories are multicolored knit nylon fabric made into
bracelets, barrettes, pins, earrings, pony loops, key chains, et
cetera. There are four blister packs with four to five of these
fashion accessories.
Each blister pack containing four to five of the above
fashion accessories is considered to be a set. In our opinion no
one item conveys the essential character to the set. Under the
General Rules of Interpretations [GRI 3(c)] if the essential
character cannot be determined, the set will be classified under
the heading which occurs last in numerical order among those
items which equally merit consideration. Those items are the
hair ornaments (pony loops, barrettes, and loopers) found in each
blister pack.
The applicable subheading for the Cool Jewels will be
9615.19.6010, Harmonized Tariff Schedule of the United States
(HTS), which provides for other combs, hair-slides and the like
of textile materials. The rate of duty will be 11 percent ad
valorem.
Under the terms of Section 204 of the Agricultural Act of
1956, all applicable visa and quota requirements will apply for
textiles and their products which are classified as parts of a
set. This rule applies to all items which, if imported
separately, would have required a visa or be subject to quota
restraints.
The set is classified as above, however, for quota purposes
the bracelets, friendship bracelets, pin, earrings, and anklets
are reported separately under HTS 6117.80.0035. The key ring
when part of the set is not classifiable under HTS
6117.80.0035 and therefore not subject to visa or quota
restraints.
HTS 6117.80.0035 falls within textile category designation
659. As a product of Taiwan this merchandise is subject to quota
restraints and visa requirements based upon international textile
trade agreements.
Due to the changeable nature of these agreements you are
advised to contact your local Customs office prior to importation
of this merchandise to determine the current status of any import
restraints or requirements.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport