CLA-2 OT:RR:CTF:TCM H101581 CkG
TARIFF NO: 7113.19.21, 7113.19.29
Port Director
U.S. Customs and Border Protection
John F. Kennedy International Airport, Bldg #77 Jamaica, NY 11430
RE: Internal Advice Request # 10/08; classification of jewelry chains
Dear Port Director:
This letter is in reference to a request for internal advice dated March 2010,
initiated on behalf of Fremada, Inc. At issue is the classification of four gold chains
under the Harmonized Tariff Schedule of the United States (HTSUS), as rope chains of
subheading 7113.19.21, HTSUS, or other necklaces and neck chains.
FACTS:
Samples of four 14 karat gold jewelry chains were submitted for our examination. The styles are described in the importer’s submission as follows:
LR20 rope chain. The links are oval in shape and proportional in thickness. These links are consecutively attached giving a natural spiral. The smooth flow of the spiral gives the effect of the rope:
R8 replacement rope chain: This chain is manufactured the same as the LR20, however it was produced as a cheaper replacement for the LR20. Its links are oval and known as a thin link rope.
D-Spike round wheat or round spike chain: The “D” is that they are double oval links, slightly bent, intertwined to each other in a repeated series.
TR60 twisted rope or twisted serpentine or singapore chain. This link is a slat fine oval that is grooved in two opposite sides of the link so that the two connecting links rest in the groove. The links have a double helix configuration.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff Schedule of the United
States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to the remaining GRIs 2 through 6.
The HTSUS provisions under consideration are as follows:
7113: Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal:
Of precious metal whether or not plated or clad with precious metal:
7113.19: Of other precious metal, whether or not plated or clad with precious
metal:
Other:
Necklaces and neck chains, of gold:
7113.19.21: Rope . . .
7113.19.29: Other . . .
* * * * *
Fremada describes the R8 as a rope chain; the TR60 as a twisted rope or twisted Serpentine or Singapore chain; the D-Spike as a wheat or round spike chain; and the LR20 as a rope chain. Subheading 7113.19, HTSUS, provides for “rope”, “mixed link” and “other” jewelry chains. These terms are not defined in the HTSUS or ENs. When a tariff term is not defined by the HTSUS or the legislative history, its correct meaning is its common, or commercial, meaning. See Rocknel Fastener, Inc. v. United States, 267 F.3d 1354, 1356 (Fed. Cir. 2001). The court has stated on many occasions "[t]o ascertain the common meaning of a term, a court may consult 'dictionaries, scientific authorities, and other reliable information sources' and 'lexicographic and other materials.'" Id.
Various jewelry merchants provide the following definitions of “rope chain”: “A series of small oval-shaped links that are arranged in such a way that they make a spiral design resembling woven rope.” www.jewelrysupplier.com/glossary/R-glossary.htm; “Chain with a spiral appearance, with the effect of two thick strands woven together.” www.limogesjewelry.com/glossary.asp; “two twisted metal chains are looped together, to create a chain that resembles a length of rope.” https://www.luvrocks.com/pages/jewelry_glossary.php; “A style of chain where the links are intertwined to make it look like a length of rope.” www.thejewelhut.co.uk/glossary-of-terms-jh.htm. Numerous patents filed with the United States Patent Office for “fine jewelry rope chains” provide a more detailed description. These filings frequently describe rope chains as giving the appearance of a “double helix”. U.S. Patent No. 6,807,800, describes jewelry rope chains as “a specific type of chain product formed by intertwining link sin a particular manner whereby the result is a double helix configuration…Although the links can be formed of numerous shapes and configurations, the generally accepted classic jewelry rope chain is formed of an annular (ring or ring-like) shaped link. U.S. Patent No. 5,361,575 similarly describes a jewelry rope chain “having tightly inter-fitting links…each link having a small gap therein, so as to enable one of said links to pass through the gap of a second link, said links being intertwined to fit tightly one against the other and form in outward appearance a double helix.” To summarize, jewelry rope chains consist of tightly intertwined, ring-like links forming a double helix pattern and giving the appearance of a length of rope.
A Singapore chain is composed of interwoven, flat diamond shaped links. A Serpentine chain consists of two sets of small, flat “s” links tightly bound to one another. See http://www.monte-carlo-diamonds.com/encyclopedia/en/su.html, http://www.evesaddiction.com/glossary-s.html. Serpentine chains are also considered rope chains. See U.S. Patent 6,311,470, “description of prior developments”, which notes that “serpentine chains…referred to as twisted rope chains, are formed by a series of interlocked loops or links which are arranged and interconnected in an intertwined spiral or double helix configuration.” Pictures of Serpentine and Singapore chains also show a double helix pattern. See e.g., http://www.jewelrymaking-beads-library.com/jewelry-chains.html; http://www.maileofthedreamseeker.com/designs/ ropes.html for sample images of popular jewelry chain types. Wheat Chains consist of intertwined strands of twisted and oval links. See http://jewelry.about.com/od/jewelrycomponents/ig/Jewelry-Chains/Wheat-Chain.htm.
Having examined the samples provided under a magnifying glass, we conclude that two of the four chains at issue can be classified as rope chains pursuant to the above descriptions: the TR60 and LR20. The LR20 consists of strands of tightly interlocked oval links giving the appearance of a double helix and the overall effect of a twisted rope. The TR60 resembles a Serpentine or Singapore weave. The R8 and D-spike, however, do not possess the characteristics of a rope chain. The R8 chain consists of one strand of loose, flat and twisted interlocking links, lacking the spiral or “twist” of a rope chain. The D-spike chain consists of oval and twisted oval links giving the appearance of multiple, intertwined strands, but in the pattern of a wheat chain rather than a rope chain.
HOLDING:
The TR60 and LR20 jewelry chains are classified in subheading 7113.19.21, HTSUS, which provides for “Articles of jewelry and parts thereof, of precious metal or
of metal clad with precious metal: “Of precious metal whether or not plated or clad with
precious metal: “Of other precious metal, whether or not plated or clad with precious metal: Other: Necklaces and neck chains, of gold: Rope.” The 2010 column one, general rate of duty is 5% ad valorem.
The R8 and D-spike chains are classified in subheading 7113.19.29, HTSUS, which provides for ““Articles of jewelry and parts thereof, of precious metal or
of metal clad with precious metal: “Of precious metal whether or not plated or clad with
precious metal: “Of other precious metal, whether or not plated or clad with precious metal: Other: Necklaces and neck chains, of gold: Other.” The 2010 column one, general rate of duty is 5.5% ad valorem.
You are to mail this decision to the internal advice requester no later than 60
days from the date of the decision. At that time, the Office of International Trade,
Regulations and Rulings, will make the decision available to CBP personnel and to the
public on the CBP Home Page on the World Wide Web at www.cbp.gov, by means of
the Freedom of Information Act, and other methods of public distribution.
Sincerely,
Myles B. Harmon, Director
Commercial and Trade Facilitation Division