CLA-2 CO:R:C:G 082569 DRR
M. J.L. de la Fuente
Americas-Far East Connections, Inc.
P.O. Box 440
Mt. Arlington, New Jersey 07856
RE: Classification of semiprecious stone beads
Dear Mr. or Ms. de la Fuente:
This is in reference to your letter dated April 4, 1988,
requesting the classification of various semiprecious stone beads
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
FACTS:
The merchandise at issue consists of temporarily strung,
graded, semiprecious stone beads which will be used in the
manufacture of jewelry in the United States. The beads are
amethyst, black onyx, coral, hematite, jade, leopard skin jasper,
red flower/puppy jasper, lapis, malachite, rose quartz, tiger
eye, and white agate. The beads are temporarily strung on a 16
inch strand without a clasp. They will be imported from Hong
Kong and Taiwan.
ISSUE:
Whether the semiprecious stones at issue are classifiable
under subheading 7103.99.1000, HTSUSA, or 9902.71.16, HTSUSA.
LAW AND ANALYSIS:
Classification of merchandise is in accordance with the
General Rules of Interpretation (GRI), taken in order. GRI 1
provides that classification shall be determined according to the
terms of the headings and any relative section or chapter notes.
-2-
Heading 7103, HTSUSA, provides for precious stones (other than
diamonds) and semiprecious stones, whether or not worked or
graded but not strung, mounted or set; ungraded precious stones
(other than diamonds) and semiprecious stones, temporarily strung
for convenience of transport. Subheading 7116.20.20, HTSUSA,
provides for articles of semiprecious stones (natural, synthetic
or reconstructed) other.
The Explanatory Notes to the HTSUSA may be consulted for
guidance as to the correct interpretation of the various HTSUSA
provisions. The Explanatory Notes for subheading 7103 state that
"The stones of this heading may be strung for convenience of
transport, provided this method of assembly is temporary and that
the stones have not been graded and are not directly suitable for
use as jewelry." In light of the fact that the stones at issue
are graded, they are excluded from this heading.
Subchapter II of Chapter 99 was amended September 9, 1989,
to add a new provision, subheading 9902.71.16, HTSUSA, for
graded, temporarily strung semiprecious stones.
HOLDING:
The stones at issue are classifiable under subheading
9902.71.16, HTSUSA, as graded semiprecious stones (except rock
crystal) strung temporarily for convenience of transport
(provided for in subheading 7116.2020) with a duty rate of 2.1
percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: A.D., Dir., N.Y. Seaport
rimmer library/peh
name 082569