CLA-2-33:OT:RR:NC:N4:414
Ms. Lorianne Aldinger
Senior Manager, Import
Rite Aid
P.O. Box 3165
Harrisburg, PA 17105
RE: The tariff classification of the Funky Hair Chalk Set from China
Dear Ms. Aldinger:
In your letter received on July 2, 2014 you requested a tariff classification ruling on the Hair Chalk-Funky Hair Chalk Set. A sample of the Rite Aid item 9032669 was submitted with your letter for our review.
The Hair Chalk-Funky Hair Chalk Set consists of two hair color chalks with grips, twenty four plastic beads, a styling tool and 24 hair elastics. The items are packaged in a printed box and sold as a set.
The red and purple hair chalk is used to apply temporary color to the hair. The styling tool is referred to as a threader. Based on your component cost breakdown, the threader is composed of plastic. The threader is approximately 5 ½ inches in length. Hair can be threaded through the plastic beads using the styling tool. The items identified as hair elastics are small stretch bands in several colors. The hair elastics hold the plastic beads on the hair and can be used as pony-tail holders. You have included a statement from the supplier indicating that the hair elastics are made of natural rubber. Note that the classification provided below for the hair elastics applies only if they are actually made of natural rubber.
For Customs purposes, the items are not classified as a set. Each article is separately classified in its appropriate heading in the Harmonized Tariff Schedule of the United States (HTSUS).
The applicable subheading for the hair chalks with grips will be 3305.90.0000, HTSUS, which provides for Preparations for use on the hair: Other. The rate of duty will be free.
The applicable subheading for the plastic beads will be 3926.90.3500, HTSUS, which provides for Other articles of plastics…Other: Beads, bugles and spangles, not strung (except temporarily) and not set; articles thereof, not elsewhere specific or included: Other. The rate of duty will be 6.5 percent ad valorem.
The applicable subheading for the plastic styling tool will be 3926.90.9980, HTSUS, which provides for Other articles of plastics…Other: Other: Other. The rate of duty will be 5.3 percent ad valorem.
The applicable subheading for the hair elastics will be 4016.99.3510, HTSUS, which provides for Other articles of vulcanized rubber other than hard rubber…Of natural rubber…Rubber bands. 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/.
Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), which are administered by the U.S. Food and Drug Administration (FDA). 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 (301) 436-1130, or by visiting their website as www.fda.gov.
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 Barbara Kiefer at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division