CLA-2-71:OT:RR:NC:N4:433
Amy M. Bohaty
Co-Owner / COO
Allure Jewelry and Accessories, L.L.C.
9705 45th Avenue North, #41305
Plymouth, MN 55441
RE: The tariff classification of a necklace from China.
Dear Ms. Bohaty:
In your letter dated March 24, 2015, you requested a tariff classification ruling. A specification worksheet was provided. As requested, the sample submitted will be returned to you.
Style number N44924 is described as the “Link Chain Necklace w/CZ logo.” The necklace consists of twelve, 23mm x 29mm x 3mm oval links; twenty-three, 10mm x 14mm x 4mm steel oval links; one extender chain with dangling ornament; one lobster claw clasp; and one CZ (Cubic Zirconia) logo tag. The CZ logo tag is 16.5mm long x 5.6mm wide x 1.3mm thick. As per the specification worksheet, the necklace has imitation plating, specifically that which is designed to look-like rhodium plated yellow gold.
In respect to the Link Chain Necklace w/CZ logo, the jewelry piece cannot be classified as imitation jewelry in heading 7117 of the Harmonized Tariff Schedule of the United States (HTSUS) for it contains a CZ chip embedded within the logo tag, which is considered to be a simulated diamond – see Legal Note 11 to Chapter 71 of the HTSUS. The synthetic (simulated) diamond is categorized under precious gemstones. Consequently, this item is classified as precious jewelry in subheading 7116.20 of the HTSUS.
The applicable subheading for the Link Chain Necklace w/CZ logo, if valued not over $40, 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: Other.” 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 TSUS 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 E-mail address: [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division