CLA-2-83:OT:RR:NC:N4:433
Brett Stewart
Customs Compliance Specialist
Michaels
8000 Bent Branch Drive
Irving, TX 75063
RE: The tariff classification of beaded and ornamental items used to make jewelry from China.
Dear Mr. Stewart:
In your undated letter received by this office on March 13, 2012, you requested a tariff classification ruling. As requested in your previous ruling letters, the samples submitted will be returned to you.
Sample: item #93836 are Halcraft® beads used to create fashion jewelry. The beads are of four base metal castings with four settings containing imitation gemstones in the form of cabochons. Each of the four beaded castings has two pierced holes for stringing. The four beads are strung on a temporary monofilament cord. No material breakdown by composition, weight and cost was provided. The item by itself is not sized, nor complete to form an article of imitation jewelry. This item must be combined with additional beads, imitation gemstones, and other ornaments, as well as have functional jewelry findings (connectors, spacers, and possibly a clasps), in order to form a complete piece of jewelry.
Sample: item #96238 (SKU #10231059) are Halcraft® beads used to create fashion jewelry. The item is made of 100% base metal, and is comprised of eight slider silver square beads. Each of the square beads is 15x15mm in size, has two pierced holes, and is on a temporary monofilament cord. The item by itself is not sized, nor complete to form an article of imitation jewelry. This item must be combined with additional beads, imitation gemstones, and other ornaments, as well as have functional jewelry findings (connectors, spacers, and possibly a clasps), in order to form a complete piece of jewelry.
Sample: item #96247 (SKU #10231045) are Halcraft® beads and ornaments used to create fashion jewelry. The material composition is stated to be 70% resin (plastic) and 30% base metal. No weight or cost breakdown was provided. The item’s dimensions are specified as 15x40mm. The item is comprised of three sets of metal castings, not beads, with each casting having four settings for placement of four plastic faceted amethyst globes. There are also twenty-two small plastic spacer beads. The item is strung on a temporary monofilament cord. The item by itself is not sized, nor complete to form an article of imitation jewelry. This item must be combined with additional beads, imitation gemstones, and other ornaments, as well as have functional jewelry findings (connectors, spacers, and possibly a clasps), in order to form a complete piece of jewelry.
Sample: item #96331 (SKU 10231061) are Halcraft® beads used to create fashion jewelry. The item is comprised of six slider metal oval beads and eight small plastic spacer beads. Each of the metal oval beads is 6x28mm in size, has two pierced holes, and is on a temporary monofilament cord. The item by itself is not sized, nor complete to form an article of imitation jewelry. This item must be combined with additional beads, imitation gemstones, and other ornaments, as well as have functional jewelry findings (connectors, spacers, and possibly a clasps), in order to form a complete piece of jewelry.
Sample: item #96357 (SKU #10231043) are Halcraft® beads used to create fashion jewelry. The item is made of 100% base metal, and is comprised of six slider silver filagree (filigree) beads. Each of the filagree beads is 10x25mm in size, has two pierced holes, and is on a temporary monofilament cord. The item by itself is not sized, nor complete to form an article of imitation jewelry. This item must be combined with additional beads, imitation gemstones, and other ornaments, as well as have functional jewelry findings (connectors, spacers, and possibly a clasps), in order to form a complete piece of jewelry.
Sample, item #96368 are Halcraft® beads and ornaments used to create fashion jewelry. No material breakdown by composition, weight and cost was provided. The item is comprised of four sets of metal castings, not beads, with each casting having seven settings for placement of unspecified imitation gemstones. There are also twenty-four small plastic spacer beads. The item by itself is not sized, nor complete to form an article of imitation jewelry. This item must be combined with additional beads, imitation gemstones, and other ornaments, as well as have functional jewelry findings (connectors, spacers, and possibly a clasps), in order to form a complete piece of jewelry.
Sample: item 96587 is substituted by item #96588 (SKU #10231080). Item #96588 are Halcraft® beads and ornaments used to create fashion jewelry. The material composition is stated to be 80% resin (plastic) and 20% base metal. No weight or cost breakdown was provided with this item. The item’s dimensions are specified as 15x25mm. The item is comprised of two rectangular and two oval metal castings, not beads, with each casting having a plastic aqua gemstone. There are also twelve small plastic spacer beads. The item by itself is not sized, nor complete to form an article of imitation jewelry. This item must be combined with additional beads, imitation gemstones, and other ornaments, as well as have functional jewelry findings (connectors, spacers, and possibly a clasps), in order to form a complete piece of jewelry.
Sample, item #96646 (SKU #10231048) are Halcraft® beads used to create fashion jewelry. The item is made of 100% glass, and is comprised of four large slider glass aqua beads. Each of the glass beads has two pierced holes and is on a temporary monofilament cord. There are also seven small plastic spacer beads. No weight or cost breakdown was provided with this item. The item by itself is not sized, nor complete to form an article of imitation jewelry. This item must be combined with additional beads, imitation gemstones, and other ornaments, as well as have functional jewelry findings (connectors, spacers, and possibly a clasps), in order to form a complete piece of jewelry.
The word “bead” is not defined in the Harmonized Tariff Schedule of the United States (HTSUS), nor the Explanatory Notes (ENs) to the HTSUS. When terms are not defined, they are construed in accordance with their common and commercial meaning – Nippon Kogasku (USA), Inc. v. United States, 69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable sources. C.J. Tower & Sons v. United States, 69 CCPA 128, 673 F.2d 1268 (1982). Accordingly, the Online Oxford English Dictionary defines “bead” as a small perforated body, spherical or otherwise, of glass, amber, metal, wood, etc., used as an ornament, either strung in a series to form a necklace, bracelet, etc., or sewn upon various fabrics.
Further, the Online Merriam-Webster Dictionary defines the word “kit” as (1) a collection of articles usually for personal use, (2) a set of tools or implements, and (3) a packaged collection of related materials; while the same dictionary also defines the word “set” as a number of things of the same kind that belong or are used together.
In this instance item #96247, item #96368 and item #96588, with base metal castings are not beads, as none of these items are perforated or pieced for stringing, but rather are casted to accept a string through open ended loops located underneath the ornaments. These metal castings are combined with either imitation gemstones or ornaments, and are strung together with plastic beads. As such, the General Rules of Interpretation, GRI 3 (b), HTSUS, is applicable to these jewelry making items, in that the metal castings are composite goods, and that the beads and ornaments, packaged together for retail sales, fall within the tariff meaning of sets – see the ENs to the “General Rules for the Interpretation of the Harmonized System,” Note X to Rule 3 (b).
As incomplete or no material breakdown by composition, weight and cost were provided on item numbers 96247, 96368 and 96588, we are unable, at this time, to determine both the essential character of the composite goods (castings with imitation gemstones or ornaments) and the essential character of the sets. Upon providing full specifications of each of the jewelry making items, as well as presenting any marketing or advertising literature, including catalogs of purchase from Halcraft®, this office will review those items for issuance of a binding ruling.
Item #93836, although beads used in the making of jewelry, contain imitation gemstones of unspecified composition, and as such, require an essential character determination. As no material breakdown by composition, weight and cost was provided, we are unable, at this time, to determine the essential character of the good. This item, although a kit, is not a set per the tariff schedule – see the ENs to the “General Rules for the Interpretation of the Harmonized System,” Note X to Rule 3 (b) for the tariff meaning of sets. Upon providing full specifications of the jewelry making item, as well as presenting any marketing or advertising literature, including catalogs of purchase from Halcraft®, this office will review the item for issuance of a binding ruling.
Item #96331 is a set for tariff purposes, with the six large metal oval beads imparting the essential character to the set; this item is classified in subheading 8308.90.3000 – the subheading for beads and spangles of base metal. Item #96238 and #96357 are not sets per the tariff schedule; never the less, classification is provided in subheading 8308.90.3000 – the subheading for beads and spangles of base metal. See the ENs to the “General Rules for the Interpretation of the Harmonized System,” Note X to Rule 3 (b) for the tariff meaning of sets.
Item #96646 is a set for tariff purposes, with the four large slider glass beads imparting the essential character to the set; this item is classified in subheading 7018.10.5000 – the subheading in part for glass beads. See the ENs to the “General Rules for the Interpretation of the Harmonized System,” Note X to Rule 3 (b) for the tariff meaning of sets.
The applicable subheading for item #96238, item #96331 and item # 96357, will be 8308.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Clasps, frames with clasps, buckles…beads and spangles of base metal: Other, including parts: Beads and spangles of base metal.” The rate of duty will be free.
The applicable subheading for item #96646, will be 7018.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Glass beads, imitation pearls, imitation precious or semiprecious stones….: Glass beads….: 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 Neil H. Levy at (646) 733-3036.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division