CLA-2-71:S:N:N:D06:PF

Mr. Myer Plotkin
Glik Imports, Inc.
1255 Carre Phillips Square, Suite 906.
Montreal, QC H3B 3G1

RE: The tariff classification of a sterling ring set, a product of China.

Dear Mr. Plotkin:

In your letter dated May 10, 2001 you requested a tariff classification ruling. Your submitted sample consists of a sterling ring setting, open at its crown. The setting holds a spherical semiprecious stone cupped within its unclosed ends by tension. Included in the set with the setting/stone are eight additional semi-precious stone spheres. These are interchangeable with that already in the setting. They are in various colors and, your office advised verbally, will vary by set. Some of these may be aventurine, tiger-eye, amethyst, sodalite, black stone, crystal, jasper, quartz, obsidian, and turquoise, dyed in some cases. Your office also advised these sets will be sold at US$6 per set and that the stone spheres are costed at approximately C$0.055 ea. Additionally, your office advised that the black flocked gift box with white flocked pierced foam pad (pierced to hold the loose stones individually, as well as the ring) are valued at $1.

The setting with stone determines the essential character of this set. The setting and all stones number 10 pieces in all, valued at US$6. Each piece of the set, without requiring it reflect a proportional mark-up on its own cost, would then be $0.60. This value would be less than the value of $18. per dozen pieces or parts noted in HTS 7113.11.2000

The applicable subheading for this set will be 7113.11.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles of jewelry and parts thereof, of precious metal or metal clad with precious metal: Of precious metal: Of silver, whether or not plated or clad with other precious metal: Other: Valued not over $18 per dozen pieces or parts. . . . ”. The rate of duty will be 13.5%.

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,

Christopher Perry
Area Port Director
Champlain, NY