CLA-2-71:RR:NC:SP:233 K81053

Mr. John A. Schoenig
Grunfeld, Desiderio, Lebowitz,
Silverman & Klestadt LLP
245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of necklaces from China.

Dear Mr. Schoenig:

In your letter dated November 6, 2003, on behalf of Liz Claiborne, you requested a tariff classification ruling.

The submitted samples are as follows:

Style No. 001 is a necklace approximately 15 inches in length composed of brass metal and featuring a latch closure. Hanging downward from the necklace is a 2 ¾ inch long length of brass links at the end of which is a pendant containing a semi-precious rose quartz stone. The value of the necklace is less than $40.

Style No. 002 is a necklace approximately 15 inches in length composed of brass metal and featuring a latch closure. Hanging downward from the necklace is a 2 ¾ inch long length of brass links at the end of which is a cultured freshwater pearl pendant.

Your samples are being retained for official purposes.

The applicable subheading for the necklace, Style No. 001, will be 7116.20.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece.” The rate of duty will be 3.3% ad valorem.

The applicable subheading for the necklace, Style No. 002, will be 7116.10.2500, HTS, which provides for “Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed): Of natural or cultured pearls: Cultured.” The rate of duty will be 5.5% 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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division