CLA-2-71:OT:RR:NC:N4:433
Jessica Ritton
Operations Manager
Argents Air Express, d/b/a Argents Express Group
19 Shelter Cove Lane, Suite # 206 Watersedge
Hilton Head Island, SC 29928
RE: The tariff classification of eyewear charms from China.
Dear Ms. Ritton:
In your letter dated September 20, 2013, on behalf of Ficklets LLC, you requested a tariff classification ruling. A sample was received, as well as color photographs and a marketing postcard. Inside the sample were two pairs of charms: a pair of ladybugs and a pair of shamrocks.
Ficklets are decorative charms for eyeglass frames. By percentages, the charms are composed predominately of resin (plastic), followed by base metal, and then trailed by small amounts of silicone. The dual silicone bands permit the charms to attach themselves to eyeglass frames. The marketing postcard indicates that the charms are patented, removable and interchangeable. Moreover, the charms allow one’s child to “go from geek to chic!” while reflecting the child’s interest, outfit or mood.
Legal Note 11 in conjunction with Legal Note 9 (a) to Chapter 71 of the Harmonized Tariff Schedule of the United States (HTSUS) provides in pertinent part, that the expression “imitation jewelry” means any small articles of personal adornment for example rings, bracelets, necklaces, brooches, earrings, pendants, pins, and the like – not incorporating precious metal or metal clad with precious metal, except as minor constituents. The Explanatory Notes (ENs) to the HTSUS, in relevant part, further provide in heading 7117, as incorporated through the ENs of heading 7113 (A), that “articles of jewelry” also include ornaments for handbags; buckles and slides for belts, shoes, etc…. Consistent with these notes, we are of the opinion that the Ficklets’ charms are decorative ornaments of “imitation jewelry” classifiable in heading 7117, HTSUS, in that, they are worn upon the body by means of being attached to eyeglass frames, and are used for purposes of adorning children, particularly, those who are self-conscious about wearing glasses.
The applicable subheading for the eyewear charms, worn upon the body, will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division