The tariff classification of a necklace from China.
Issued July 21, 2008 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 7117.90.7500
Headings: 7117
GRI rules applied: GRI 3
Product description
The sample will be returned as requested. Style number PP1070405 is called “Embellished Hematite Colored Collar Necklace.” The necklace is composed of an 18 inch chain made of base metal. Attached to the chain are five collared loops decorated with faux gemstones. The subject necklace is composed of different components [metal, plastic] and considered a composite good. Regarding the essential character of the necklace, the Explanatory Notes to GRI 3 (b) (VIII) state that the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the part that imparts the essential character to the composite good. In this case, the plastic component imparts the essential character to the good.
CBP rationale
The applicable subheading for the necklace will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics.
Full text
N032712 July 21, 2008 CLA-2-71:OT:RR:NC:SP:233 CATEGORY: Classification TARIFF NO.: 7117.90.7500 Ms. Michelle Wong Avon Products, Inc. 1251 Avenue of the Americas New York, NY 10119 RE: The tariff classification of a necklace from China. Dear Ms. Wong: In your letter dated July 1, 2008, you requested a tariff classification ruling. The sample will be returned as requested. Style number PP1070405 is called “Embellished Hematite Colored Collar Necklace.” The necklace is composed of an 18 inch chain made of base metal. Attached to the chain are five collared loops decorated with faux gemstones. The subject necklace is composed of different components [metal, plastic] and considered a composite good. Regarding the essential character of the necklace, the Explanatory Notes to GRI 3 (b) (VIII) state that the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the part that imparts the essential character to the composite good. In this case, the plastic component imparts the essential character to the good. The applicable subheading for the necklace will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics.” 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 Lawrence Mushinske at 646-733-3036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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Protest and Application for Further Review (AFR) No. 2704-22-163549; Classification of Imitation Jewelry
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