CLA-2:OT:RR:NC:N4:441
Ralph Sheppard
Meeks, Sheppard, Leo & Pillsbury LLP
570 Lexington Ave., 24th Floor
New York, NY 10022
RE: The tariff classification of jewelry and hair accessories from China and Vietnam.
Dear Mr. Sheppard:
In your letter dated November 25, 2025, you requested a tariff classification ruling on behalf of your client,
Bernardo Manufacturing. You have submitted samples and descriptive literature for your review.
Style BC15642 is a necklace composed of imitation leather, zinc, brass, and cubic zirconia. The country of
origin is Vietnam.
Style BC16017 is a pair of hoop earring composed of base metal and cubic zirconia. The country of origin is
Vietnam.
Style BC15989 is a broach composed of base metal, glass, acrylic, and cubic zirconia. The country of origin
is China.
Style BDNY0216 is a hair scrunchie constructed of polyester knit fabric. The item is used as a ponytail
holder and is approximately 1’ wide with narrow elastic fabric on the inside. The country of origin is China.
Style BAR3648BL is a set of hair scrunchies constructed of cotton and nylon woven fabric. The item is used
as a ponytail holder and is approximately ½” wide with narrow elastic fabric on the inside. The country of
origin is Vietnam.
The applicable subheading for the jewelry will be 7116.20.0500, 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 general rate of duty will be 3.3% ad valorem.
The applicable subheading for Style BDNY0216 will be 6117.80.8500, HTSUS, which provides for Other
made up clothing accessories…knitted or crocheted…Other: Headbands, ponytail holders and similar
articles. The general rate of duty will be 14.6 percent ad valorem.
The applicable subheading for Style BAR3648BL will be 6217.10.8500, HTSUS, which provides for “Other
clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212:
Accessories: Other; Headbands, ponytail holders and similar articles.” The general rate of duty will be 14.6
percent ad valorem.
You also inquired if the imported jewelry and hair accessories qualify for duty free treatment as a prototype
under subheading 9817.85.01, HTSUS, which provides for “Prototypes to be used exclusively for
development, testing, product evaluation, or quality control purposes.” In your letter you stated that the
importer is providing the samples free of charge, the samples being provided to the potential customer are in
limited quantities making retailer sale unfeasible, and the potential customer will provide an undertaking that
they will not sell the samples, consistent with the objectives of 9817.85.01. Accordingly, this office finds that
the jewelry and hair accessories qualify for duty free treatment as a prototype under subheading 9817.85.01,
HTSUS.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 Vikki Lazaro at [email protected].
Sincerely,
(for)
Deborah Marinucci
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division