CLA-2-63:OT:RR:NC:N3:351

Ms. Kathy Trotta Conair Corporation 150 Milford Road East Windsor, NJ 08520

RE: The tariff classification of a ponytail holder from Thailand

Dear Ms. Trotta:

In your letter dated December 21, 2018, you requested a tariff classification ruling. You submitted a sample, item #5917103A048, Scunci™ 5-pack Knit Ponywraps Black, which you state is composed of 80 percent polyester and 20 percent elastic. The scunci measures three inches in width and is circular with no seams. Five scunci are packed and sold on a retail blister card. The scunci is used to gather and hold hair in a ponytail style.

We assume from the sample, the fabric is manufactured on a circular knitting machine which makes tubular fabric. After the fabric is made it is cut into three inch wide strips. There are no overlock stiches or heat sealed edges. Therefore according to the terms of Section XI, Note 7(a), Harmonized Tariff Schedule of the United States (HTSUS), the item is considered "made up" for tariff purposes.

The applicable subheading for item #5917103A048, Scunci™ 5-pack Knit Ponywraps Black, will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 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 the World Wide Web at https://hts.usitc.gov/current.

The sample will be returned.

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 Adleasia Lonesome via email at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division