CLA-2-71:OT:RR:NC:SP:233
Ms. Michelle Wong
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10119
RE: The tariff classification of earrings from China.
Dear Ms. Wong:
In your letter dated July 1, 2008, you requested a tariff classification ruling.
Style number PP1072344 is called “Crystal Colored Chandelier Earrings.” The earrings are composed of base metal imbedded with decorative plastic and glass faux jewels. This item has a two inch diameter and a clip ear attachment.
The subject earrings are composed of different components [plastic, metal, glass]] and considered a composite good. Regarding the essential character of the earrings, the Explanatory Notes to GRI 3 (b) (VIII) state that the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the part that imparts the essential character to the composite good. In this case, the metal component imparts the essential character to the good.
The applicable subheading for the earrings will be 7117.19.9000,
Harmonized Tariff Schedule of the United States (HTSUS), which provides for
“Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” 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 Lawrence Mushinske at 646-733-3036.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division