CLA-2-:71:S:N:N3G:344 853012
Mr. Mark Hausle
Trans-Border Customs Services
656 Elmwood Avenue, Suite 200
Buffalo, NY 14222
RE: The tariff classification of earring clutches from Canada
and from Hong Kong by way of Canada.
Dear Mr. Hausle:
In your letter of May 30, 1990, on behalf of Fashion
Solutions USA of Ashland, Maine, you asked for a tariff
classification ruling.
A sample presented for our examination is Fashion Solutions
reference number BU-104 "Back-ups" assortment of four pairs of
earring backclasps. The "Back-ups" are earring clutches
(backclasps) that lock onto the posts of pierced-ear type
earrings to secure the earrings in place. The clutches are
mounted on posts (pins) on a plastic card contained in a small
plastic box measuring 1" x 1" x 5/8".
The four pairs are valued at a total of $1.08. One pair is
sterling silver "butterfly" clutches valued at 18.915 cents per
pair, another pair is gold-filled "butterfly" clutches at 18.915
cents per pair and two pairs are base metal surgical stud
clutches valued at 70.17 cents (35.085 cents per pair). One of
the two base metal pairs is gold-plated.
The sterling silver and the gold-filled "butterfly"
backclasps are made in Canada. The base metal surgical studs are
products of Hong Kong.
The applicable subheading for the sterling silver butterfly
clutches will be 7113.11.2000, Harmonized Tariff Schedule of the
United States (HTS), which provides for articles of jewelry and
parts thereof, of precious metal or metal clad with precious
metal...of silver: other: valued not over $18 per dozen pieces or
parts. The rate of duty will be 27.5 percent ad valorem.
The applicable subheading for the gold-filled butterfly
clutches will be 7113.20.3000, HTS, which provides for articles
of jewelry and parts thereof, of precious metal or metal clad
with precious metal: clasps and parts thereof. The rate of duty
will be 6.5 percent ad valorem.
The applicable subheading for the base metal surgical stud
clutches will be 7117.19.5000, HTS, which provides for imitation
jewelry, of base metal, whether or not plated with precious
metal: other: other. The rate of duty will be 11 percent ad
valorem.
Goods classifiable under subheading 7113.11.2000, HTS, which
have originated in the territory of Canada, will be entitled to a
16.5 percent rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
Goods classifiable under subheading 7113.20.3000, HTS, which
have originated in the territory of Canada, will be entitled to a
3.9 percent rate
of duty under the United States-Canada Free Trade Agreement (FTA)
upon compliance with all applicable regulations.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport