CLA-2-71:K:TC:A5:G17 D86168

Mr. Brian Loh
Smartlink International, Inc.
184-45 147th Avenue
Suite 102
Springfield Gardens, NY 11413

RE: The tariff classification of semiprecious stones and silver jewelry from China.

Dear Mr. Loh:

In your letter dated December 18, 1998, on behalf of Mega Products, Inc. (Mega), 49 West 24th Street, New York, NY 10010, you requested a classification ruling.

Enclosed with your ruling request are six loose oval shaped semiprecious stones. In a subsequent communication, Mega indicated that various semiprecious stones will be imported, including onyx, tiger-eye, carnelian, rose quartz, sodalite, amethyst and quartz crystal. Also enclosed with your request is a necklace consisting of a sterling silver chain attached to a cage shaped sterling silver pendant containing a semiprecious stone.

The applicable subheading for the loose semiprecious stones will be 7103.99.1000, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for semiprecious stones...cut but not set, and suitable for use in the manufacture of jewelry. The duty rate will be free.

The applicable subheading for the necklace will be 7113.11.5000, HTSUSA, which provides for articles of jewelry...of precious metal...of silver...other: other. The duty rate will be 5% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations.

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,

John J. Martuge
Area Director
JFK Airport