CLA-2:RR:NC:2:226 NY J87611
Mr. William Stringfield
249 E. Ocean Blvd.
Suite 1008
Long Beach, California 90802
RE: The tariff classification of an article of glass beads from Taiwan or China
Dear Mr. Stringfield:
In your letter dated July 21, 2003, on behalf of Novaco Enterprises, you requested a tariff classification ruling regarding an article of glass beads.
A sample was submitted with your ruling request. This sample will be returned to you in accordance with your request.
The product is a lanyard article of glass beads. A plastic badge holder is attached to the article of glass beads designed to be worn on the neck. The article of glass beads, not the plastic holder, represents the essential character of this product.
In your letter you suggested that this merchandise be classified in subheading 7117.90.9000, Harmonized Tariff Schedule of the United States (HTS), as imitation jewelry. However, the product designed to carry a badge holder is a functional item that is not regarded as an article of personal adornment. Therefore, it cannot be classified as imitation jewelry in subheading 7117.90.9000, HTS.
You also suggested that this product be classified in subheading 7018.10.5000, HTS, under the provision for glass beads. However, this merchandise is not simply glass beads; rather, it is an article of glass beads. While both glass beads and articles of glass beads are covered by heading 7018, subheading 7018.10.5000 covers glass beads but not articles of glass beads. Therefore, subheading 7018.10.5000 does not apply to this merchandise.
The applicable subheading for the lanyard article of glass beads with attached plastic badge holder will be 7018.90.5000, HTS, which provides for glass beads...and articles thereof...other: other. The rate of duty will be 6.6 percent ad valorem.
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 Jacob Bunin at 646-733-3027.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division