CLA-2-71:OT:RR:NC:N4:433
Darren Yokopenic
Senior Manager Import Compliance, LCB
HSN
1 HSN Drive
St. Petersburg, FL 33729
RE: The tariff classification of necklace from China.
Dear Mr. Yokopenic:
In your letter dated February 12, 2010, you requested a tariff classification ruling. As requested, your sample is being returned to you.
HSN, item number 265833, is described as a necklace composed of semiprecious gemstones, which is held together by a steel wire with a connector and multi-link extender made of sterling silver. The semiprecious gemstones are amethyst, pink amethyst, Chinese turquoise and green amethyst. As stated the total first cost of the item is $52.00, which is further broken down by the weights and costs of the silver and semiprecious gemstones: silver 4.16g at a cost of $6.75 and semiprecious gemstones 171.4g at a cost of $45.25.
Legal Note 2(a) to Chapter 71, Harmonized Tariff Schedule of the United States (HTSUS), provides in pertinent part, that heading 7113 (provision for articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal) does not cover articles in which the precious metal or metal clad with precious metal is present as a minor constituent only, such as minor fittings and minor ornamentation (for example: monograms, ferrules and rims). Further, Legal Note 2(b) to Chapter 71, HTSUS, states that heading 7116 does not cover articles containing precious metal or metal clad with precious metal (other than as minor constituents).
Upon examination of the jewelry piece, the physical characteristics of the necklace is chiefly composed in weight, volume and cost by the semiprecious gemstones, with the sterling silver connector and multi-link extender being of minor constituents.
The applicable subheading for the necklace will be 7116.20.1580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of natural and cultured pearls, precious and semi-precious stones (natural, synthetic or reconstructive): Of precious and semiprecious stones (natural, synthetic or reconstructive): Articles of jewelry: Other; Other.” The rate of duty will be 6.5% ad valorem.
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 Neil H. Levy at (646) 733-3036.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division