CLA-2-71:OT:RR:NC:N4:433
Dolores Hunt
Senior Specialist, Regulatory Compliance
FedEx Trade Networks
Transport & Brokerage
50 Cypress Lane
Brisbane, CA 94005
RE: The tariff classification of two jewelry items from China.
Dear Ms. Hunt:
In your letter dated February 15, 2012, on behalf of Stella & Dot LLC, you requested a tariff classification ruling. As requested, the samples provided will be returned to you.
Subject A (Style # SD1629) is described as a Woman’s White Bronze Necklace with Genuine Amethyst Stone. The necklace is composed of three white bronze plated brass chains; three white bronze plated zinc flower castings; one white bronze plated brass lobster clasp; numerous white bronze plated jump rings; and one genuine amethyst briolette-cut stone. Located near the clasp is the genuine briolette-cut amethyst stone.
Subject B (Style # SDB1187) is described as Woman’s Carnelian Charm and Crystal Bracelet of Woven Nylon. The bracelet is composed of 100% brown nylon woven cord with integrated pull closure; twenty-four Czech crystal stones that are channel set in brass findings, plated in rose-gold alloy; one small circular disc plated in rose-gold alloy with the Stella and Dot trademark; and one carnelian (cornelian) briolette-cut stone charm. Located near the pull closure is the carnelian (cornelian) briolette-cut stone charm. Observation of the bracelet indicates that the woven cord by itself does not form the wristband and that an attached center casting with channel set crystal stones is required in order to complete the circular bracelet.
The Explanatory Notes (ENs), which constitute the official interpretation of the Harmonized Tariff Schedule of the United States (HTSUS) at the international level, for Chapter 71, heading 7116 (Articles of natural or cultured pearls, precious and semi-precious stones (natural, synthetic or reconstructed)), state in pertinent part, this heading covers all articles (other than those excluded by Notes 2 (b) and 3 to this Chapter), wholly of natural or cultured pearls, precious or semi-precious stones, or consisting partially of natural or cultured pearls or precious or semi-precious stones, but not containing precious metals or metals clad with precious metal (except as minor constituents). Additionally, the ENs to heading 7117, Imitation jewelry, HTSUS, excludes articles of jewelry containing natural or cultured pearls, and precious and semi-precious stones.
For the Woman’s White Bronze Necklace with Genuine Amethyst Stone, the semiprecious amethyst stone precludes classification in heading 7117, HTSUS; accordingly, the good is classified in heading 7116, HTSUS. For the Woman’s Carnelian Charm and Crystal Bracelet of Woven Nylon, we recognize that Legal Note 3 (g) to Chapter 71, HTSUS, excludes articles of section XI (textiles and textile articles); however, without the center casting the nylon woven cord is incomplete to form the bracelet and as such one needs the center casting to view the bracelet in its entirety. Consequently, we return to the ENs of heading 7116 and 7117, HTSUS, which preclude the semiprecious carnelian (cornelian) stone from being classified in heading 7117, HTSUS. Accordingly, the Woman’s Carnelian Charm and Crystal Bracelet of Woven Nylon is classified in heading 7116, HTSUS.
The applicable subheading for the Woman’s White Bronze Necklace with Genuine Amethyst Stone and the Woman’s Carnelian Charm and Crystal Bracelet of Woven Nylon, will be 7116.20.0580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece.” The rate of duty will be 3.3% 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,
Thomas J. Russo
Director
National Commodity Specialist Division