CLA-2-96:OT:RR:NC:N4:422
Ms. Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520
RE: The tariff classification of hair chalk and a hair chalk holder from China
Dear Ms. Trotta:
In your letter dated August 22, 2012, you requested a tariff classification ruling.
The submitted sample is identified as Scunci Hair Chalk, Model 39227. This item is comprised of four pieces of chalk, two that are green of color and two that are purple of color. The two pieces of purple chalk are respectively mounted on opposite ends of a plastic tong-like holder that is used to glide the chalk over strands of hair. The purple chalk can be removed from the tong-like holder and be respectively replaced by the two pieces of green chalk, which are included in the retail package as alternative colors.
The submitted sample is encased in clear plastic packaging without a descriptive card. You have informed this office by telephone that the item will be packaged for retail sale with the descriptive card prior to importation and you have submitted a picture of the item in its retail package. As you requested, the sample will be returned to you.
This item is considered to be "goods put up in sets for retail sale" within the meaning of General Rule of Interpretation (GRI) 3 and each set is classifiable under a single tariff provision. The chalk will eventually dissipate as the result of usage and additional chalk can then be purchased to be mounted on the tong-like holder. Therefore, it is the opinion of this office that the holder provides the essential character within the meaning of GRI 3(b).
The applicable subheading for Model 39227 will be 9608.99.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…pen-holders, pencil-holders and similar holders…other: other: 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 Gary Kalus at (646) 733-3055.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division