CLA-2-96:OT:RR:NC:N4:422
Ms. Edith Tolchin
P.O. Box 5660
Hillsborough, NJ 08844
RE: The tariff classification of a plastic hair wrap with bristles from China
Dear Ms. Tolchin:
In your letter dated October 11, 2012, on behalf of Nina Clark, you requested a tariff classification ruling.
The submitted sample is identified as a “Set it Straight” hair straightening product. The sample provided with your request is a mock-up prototype of that which will be the imported item. You have also submitted an illustration of the actual imported item. The illustration depicts an item that consists of a wide plastic band designed to encircle the crown of the head. The band is opened on one side to enable it to be spread apart and wrapped around the head. The inside surface of the band is covered with plastic bristles.
This item is designed to be used after the user’s hair has been straightened with a heating device such as a flat iron or curling iron, which is not included in the importation. The imported item is heatless and is not connected to a power source of any kind. When in use, the band is slipped onto the head so that the bristles grasp the hair. The band is then twisted in a clockwise or counter-clockwise motion with the bristles guiding the hair until all of the hair is wrapped around the head. In this way, the user’s head acts like a giant roller which keeps the hair straight after it has been heated once. This prevents overheating and breaking of hair. The band is then immediately removed from the head and the hair is secured to the head with a silk or satin scarf which is not included in the importation. As you requested, the sample will be returned to you.
The applicable subheading for the “Set it Straight” hair straightening product if valued not over 40 cents each will be 9603.29.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …brushes…: …hair brushes…: other: valued not over 40 cents each…hairbrushes. The rate of duty will be 0.2 cents each plus 7 percent ad valorem.
The applicable subheading for the “Set it Straight” hair straightening product if valued over 40 cents each will be 9603.29.8010, HTSUS, which provides for …brushes…: …hair brushes…: other: valued over 40 cents each…hairbrushes. The rate of duty will be 0.3 cents each plus 3.6 percent 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/.
You have also asked “if there are any special marking and/or labeling requirements for this product. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
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