CLA-2-62:OT:RR:NC:TA:353

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, New York 12979

RE: The tariff classification of textile necklaces from Canada.

Dear Mr. Kavanaugh:

In your letter dated September 20, 2010, on behalf of Charlotte Hosten, you requested a tariff classification ruling. The samples will be returned to you.

Item AH11-B01 Black Bow Necklace is made of woven 60 percent silk/40 percent cotton fabric. The item has an approximately1½ inch wide fabric with a large bow that encircles the neck, and several strands of beads attached that are hanging from the textile fabric.

Item AH11-C01 Black Classic Necklace is made of woven70 percent silk/30 percent cotton fabric. The item has an approximately 1 inch wide fabric that encircles the neck with two fabric flowers on each side, and several strands of beads hanging from the fabric.

Item AH11-A01 Black Collar Necklace is made of woven 65 percent silk/35 percent cotton fabric. The item is made of an approximately 4 - inch wide fabric with box pleats a textile flower on each side, and several strands of beads hanging from the textile necklace.

The fabric and beads portion of the items are part of the couture look. The fabric portion imparts the essential character to the merchandise.

Although Chapter 71 includes articles of personal adornment, Chapter 71, Note 3(g) excludes “Goods of Section XI (textiles and textile articles)” from classification within the chapter.

The applicable subheading for Styles AH11B01 Black Bow and AH11-A01 Black Collar Necklaces will be 6217.10.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those in heading 6212: accessories: other: other, other. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for Style AH11-C01 Black Classic Necklace will be 6217.10.1090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: accessories: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 2.3 percent 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 Kenneth Reidlinger at (646) 733-3053.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division