CLA-2-71:S:N:N3G:344 852049

Mr. Joe McBride
759 Jamaica Blvd.
Toms River, NJ 08757

RE: The tariff classification of a canned cultured pearl from Japan. Dear Mr. McBride:

In your letter of April 26, 1990, you requested a tariff classification ruling on a canned cultured pearl. The product in question is a pearl bearing oyster, a nonedible oyster containing one cultured pearl. The oyster initially had been opened, a bit of shell tucked inside and over a period of time this shell irritant has been covered with layers of nacre, creating a cultured pearl. The oyster is packed in an airtight can filled with water and a small amount of formaldehyde preservative.

The applicable subheading for the canned cultured pearl will be 7101.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cultured pearls, unworked. The rate of duty will be 2.1% ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport