CLA-2-71:OT:RR:NC:N4 462
Charles Newton
Descartes Visual Compliance (USA) LLC
2030 Powers Ferry Rd SE Suite 350 Atlanta, GA 30339-5066
RE: The tariff classification of body jewelry from China
Dear Mr. Newton:
This replaces Ruling Number N344070, dated December 11, 2024, which contained clerical errors. One style number was listed twice and one style number was missing. A corrected ruling follows.
In your letter dated November 15, 2024, you requested a tariff classification ruling. Photos and product descriptions were submitted for review. The items under consideration are listed below.
Item number 62398 is a titanium nose ring featuring a double-row structure with one row consisting of polished titanium beads and the other set with clear glass stones.
Item number 44461 is a stainless-steel belly ring featuring two heart shape charms. One charm is made of base metal and contains small plastic stones set around the edge. The other charm is made of a cubic zirconia (CZ) stone.
Item number 85003 is a brass belly ring, with a polished gold-tone coating, featuring a trio of CZ stones arranged in a cascading drop-style design.
Item number 20361is a stainless-steel nose ring, with gold-tone finish, in a semi-open hoop design adorned with a row of small CZ stones. The nose ring features two polished spherical ends.
Item number 25622 includes four different belly rings made of titanium. The four different designs are as follows:
“Plain Titanium Ball” is a titanium belly ring with two spherical ends.
“Pearl Accent” is a titanium belly ring featuring a faux pearl.
“Paved Crystal Ball” is a titanium belly ring featuring many small plastic stones.
“Polished Stone Ball” is a titanium belly ring featuring a round, faceted plastic stone.
In your letter, you suggest that the body jewelry listed above is classifiable under 7117.90.90.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation Jewelry: Other: Other: Other: Other.” We agree with your suggestion for item number 62398, the titanium nose ring featuring a double-row structure with one row consisting of polished titanium beads and the other set with clear glass stones.
The applicable subheading for item number 62398, will be 7117.90.9000, HTSUS, which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Other.” The rate of duty will be 11 percent ad valorem. However, for the remainder of the body jewelry, we disagree. The rest of the jewelry is more specifically provided for as delineated below.
The applicable subheading for titanium belly ring “Pearl Accent,” titanium belly ring “Paved Crystal Ball,” and titanium belly ring “Polished Stone Ball,” will be 7117.90.7500, HTSUS, which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.
The applicable subheading for the stainless-steel belly ring item number 44461, the brass belly ring item number 85003, and the stainless-steel nose ring with a row of small CZ stones item number 20361 will be 7116.20.0500, 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.
The applicable subheading for the titanium belly ring “Plain Titanium Ball” will be 7117.19.9000, 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 11% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7117.19.9000, HTSUS, and 7117.90.90.00, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 7117.19.9000, HTSUS, and 7117.90.90.00, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Sandra Sary at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division