CLA-2 CO:R:C:M 088222 DFC
Ms. Mona Webster
Import Customs Specialist
Target Stores
33 South Sixth Street
P.O. Box 1392
Minneapolis, Minnesota 55440-1392
RE: Bracelet klick; Bracelet, snap; Bracelet, slap
Dear Ms. Webster:
In a letter dated October 17, 1990, you inquired as to the dutiable status of a "klick
bracelet" under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A
sample produced in Taiwan was submitted for examination.
FACTS:
The sample "klick bracelet," also called a "slap bracelet" or "snap bracelet," is 9 inches
long and 1 inch wide. It consists of a flexible spring steel band covered by colorful nylon
material. This item when sharply struck or snapped against one's wrist wraps itself around the
wrist assuming a bracelet configuration.
ISSUE:
Is the "klick bracelet" considered imitation jewelry or is it considered a toy for tariff
purposes?
LAW AND ANALYSIS:
Subheading 7117.19.5000, HTSUSA, provides for imitation jewelry, of base metal,
whether or not plated with precious metal, other, other, with duty at the rate of 11 percent ad
valorem.
-2-
Subheading 9503.90.6000, HTSUSA, provides for other toys (except models), not having
a spring mechanism, with duty at the rate of 6.8 percent ad valorem.
A claim for classification under subheading 9503.90.6000, HTSUSA, would be
predicated on an argument that the article is a composite good the classification of which
depends on its essential character following GRI 3(b), HTSUSA. Further, if it is determined that
both Headings 7103 and 9503 are equally applicable then GRI 3(c), HTSUSA, mandates that the
"snap bracelet" be classified under Heading 9503.
In applying the HTSUSA, the Customs Service must follow the terms of the statute.
Classification of goods under the HTSUSA is governed by the General Rules of Interpretation
(GRI's). GRI 1 provides that "classification shall be determined according to the terms of the
headings and any relative section or chapter notes, and, provided such headings or notes do not
otherwise require, according to [the remaining GRI's taken in order]." In other words,
classification is governed first by the terms of the headings of the tariff and any relative section
or chapter notes.
Note 3(f) to chapter 71, HTSUSA, provides that "[t]his chapter does not cover: Goods of
section XI (textile and textile articles)." This note would not preclude this article from
classification under Chapter 71 noting that its form, shape and function is derived from th
flexible spring steel strip. The textile material is merely a decorative covering for the steel strip.
Due to its basic metal construction the "klick bracelet" is not a textile article.
Note 8(a) to Chapter 71, HTSUSA, provides in pertinent part that "[f]or the purposes of
heading 7113, the expression articles of jewelry' means: Any small objects of personal
adornment (gem set or not) for example, rings, bracelets, . . .."
Note 10 to Chapter 71,HTSUSA, also provides in pertinent part that "[f]or the purposes
of heading 7117, the expression imitation jewelry' means articles of jewelry within the meaning
of paragraph (a) of note 8 above. . . ."
It is our opinion that classification of the instant merchandise does not depend on an
essential character determination. The analysis here need not progress beyond GRI 1 in view of
the terms of Heading 7117 and the relative chapter notes. Consequently, the "klick bracelet" is
considered an imitation jewelry article for tariff purposes.
-3-
HOLDING:
The "klick bracelet" is classifiable under subheading 7117.19.5000, HTSUSA, as
imitation jewelry, of base metal, whether or not plated with precious metal, other, other, with
duty at the rate of 11 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division