N310224 N3 Ruling Active

The tariff classification of two necklaces and a bracelet from China.

Issued March 13, 2020 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 7117.90.7500

Headings: 7117

GRI rules applied: GRI 6

Product description

Samples and descriptive literature were received. Style number F8105 is identified as “NK 16IN SILV/BLUE.” It is a triple strand silver colored necklace with blue oval accents. The components include: one base metal lobster clasp, a 3 inch steel extender chain, one base metal logo tag, three steel jump rings, two 3 mm by 8 mm base metal end caps, 49 inch base metal snake chain, four 5 mm base metal castings, nine 8 mm base metal castings, four 7 mm by 9 mm base metal castings, three 8 mm by 11 mm base metal castings, four 4 mm blue plastic stones, nine 6 mm blue plastic stones, four 5 by 7 mm blue plastic stones, and three 7 mm by 10 mm blue plastic stones. Style number F8106 is identified as “NK 41IN SILV/BLUE.” It is a silver colored necklace with blue oval-shaped accents. The components include: one base metal lobster clasp, one base metal logo tag, four base metal jump rings, two 2 mm by 6 mm base metal end caps, one 41 inch base metal snake chain, eight 8 mm base metal castings, eight 7.9 mm base metal castings, eight 6 mm blue plastic stones, and eight 5 mm by 7 mm blue plastic stones. Style number F8107 is identified as “BR SLV/BLUE.” It is a silver colored bracelet with blue accents. The components include: one base metal fold over clasp, two 13 mm by 17 mm base metal castings, two 2 mm by 14 mm base metal castings, nine 8 mm base metal castings, seven 7 by 9 mm base metal castings, nine 5 mm blue plastic stones, and seven 5 mm by 7 mm blue plastic stones. The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) constitute the official interpretation of the tariff at the international level. EN XII to General Rule of Interpretation (GRI) 3(c) provides in part: “when goods cannot be classified by reference to Rule 3(a) specific description or 3(b) essential character, they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification.

CBP rationale

The applicable subheading for imitation jewelry of base metal is 7117.19.9000, HTSUS, and the applicable subheading for imitation jewelry of plastic is 7117.90.7500, HTSUS. Because imitation jewelry of base metal and imitation jewelry of plastic are both classified in the same heading, GRI 6 is implicated at the subheading level. Consequently, the subheading of imitation jewelry of plastic is last in the subheadings of the HTSUS. The applicable subheading for the necklace, style number F8105, the necklace, style number F8106, and the bracelet, style number F8107 will be 7117.90.7500, HTSUS, which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.

Full text

N310224 March 13, 2020 CLA-2-71:OT:RR:NC:N4:462 CATEGORY: Classification TARIFF NO.: 7117.90.7500 Vanessa Bracero The Jewelry Group, Inc. 1411 Broadway New York, New York 10018 RE: The tariff classification of two necklaces and a bracelet from China. Dear Ms. Bracero: In your letter dated February 27, 2020, on behalf of The Jewelry Group, you requested a tariff classification ruling. Samples and descriptive literature were received. Style number F8105 is identified as “NK 16IN SILV/BLUE.” It is a triple strand silver colored necklace with blue oval accents. The components include: one base metal lobster clasp, a 3 inch steel extender chain, one base metal logo tag, three steel jump rings, two 3 mm by 8 mm base metal end caps, 49 inch base metal snake chain, four 5 mm base metal castings, nine 8 mm base metal castings, four 7 mm by 9 mm base metal castings, three 8 mm by 11 mm base metal castings, four 4 mm blue plastic stones, nine 6 mm blue plastic stones, four 5 by 7 mm blue plastic stones, and three 7 mm by 10 mm blue plastic stones. Style number F8106 is identified as “NK 41IN SILV/BLUE.” It is a silver colored necklace with blue oval-shaped accents. The components include: one base metal lobster clasp, one base metal logo tag, four base metal jump rings, two 2 mm by 6 mm base metal end caps, one 41 inch base metal snake chain, eight 8 mm base metal castings, eight 7.9 mm base metal castings, eight 6 mm blue plastic stones, and eight 5 mm by 7 mm blue plastic stones. Style number F8107 is identified as “BR SLV/BLUE.” It is a silver colored bracelet with blue accents. The components include: one base metal fold over clasp, two 13 mm by 17 mm base metal castings, two 2 mm by 14 mm base metal castings, nine 8 mm base metal castings, seven 7 by 9 mm base metal castings, nine 5 mm blue plastic stones, and seven 5 mm by 7 mm blue plastic stones. The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) constitute the official interpretation of the tariff at the international level. EN XII to General Rule of Interpretation (GRI) 3(c) provides in part: “when goods cannot be classified by reference to Rule 3(a) specific description or 3(b) essential character, they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification.” You state in your letter that you believe that each of the items should be classified at 7117.90.7500, HTSUS. We agree. The necklace, style number F8105, the necklace, style number F8106, and the bracelet, style number F8107 are both composite goods of base metal and plastic. Due to the relatively even bulk and visual appeal of the base metal and plastic, no material can be singled out as providing the essential character. The applicable subheading for imitation jewelry of base metal is 7117.19.9000, HTSUS, and the applicable subheading for imitation jewelry of plastic is 7117.90.7500, HTSUS. Because imitation jewelry of base metal and imitation jewelry of plastic are both classified in the same heading, GRI 6 is implicated at the subheading level. Consequently, the subheading of imitation jewelry of plastic is last in the subheadings of the HTSUS. The applicable subheading for the necklace, style number F8105, the necklace, style number F8106, and the bracelet, style number F8107 will be 7117.90.7500, 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 the World Wide Web at https://hts.usitc.gov/current. 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, please contact National Import Specialist Sandra Sary at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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