CLA-2-71:OT:RR:NC:N3:433
Judy L. Sucharitakul, President
Perryman, Mojonier Company
9710 S. La Cienega Blvd.
Inglewood, CA 90301
RE: The tariff classification of two bracelets from China.
Dear Ms. Sucharitakul:
In your letter dated February 24, 2014, on behalf of Endevr LLC, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you.
Sample 1 is identified as the PURESTRENGTH™: THE VITAMIN YOU WEAR™ – PURE SERIES BRACELET. The wristband is a magnetic ionic bracelet made from silicon rubber, and has a stylish appearance. On the website of endevr.com it is stated: “many ENDEVR™ products feature IonTech™, which is the infusion of seven natural minerals that work together to produce a measurable ion charge. A handful of minerals and gemstones naturally produce IonTech™. We crush these minerals into a fine powder in the perfect ratio to produce optimal levels of IonTech™. The minerals are then charged through Far-Infrared waves similar to natural sunlight. Most of the minerals are Silicate minerals which are able to absorb Far Infrared. When the Far Infrared is absorbed by the minerals they become charged and then stimulate the air to create IonTech™. This charged mineral powder is then infused throughout our products during the manufacturing process.” Based on company provided information and observation of the bracelet, we find that the item is worn on the body for perceived health benefits and for personal adornment.
Sample 2 is identified as the MYID™: sport, EMERGENCY ID BRACELET. The wristband is a customizable emergency identification bracelet made from silicon rubber, has a stylish appearance, and features two visible stars of life with the “MYID” logo printed upon its surface. This bracelet stores emergency contacts, vitals, medical and insurance information on ENDEVR’s secure servers. One’s profile is accessed instantaneously by phone, Quick Response (QR) Scan or web. Based on company provided information and observation of the bracelet, we find that the item is worn on the body for health emergency identification and for personal adornment. See Headquarters ruling: HQ H0195873 dated October 31, 2006.
Note 4 to Chapter 40 of the Harmonized Tariff Schedule of the United States (HTSUS) describes synthetic rubber as applying to unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which, at a temperature between 18 and 29 degrees Centigrade, will not break on being extended to three times their original length and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1-1/2 times their original length. Silicone is not cross-linkable with sulfur, and thus is not considered to be rubber for tariff classification purposes. Consequently, silicone is to be treated as plastic for tariff purposes.
Legal Note 11 in conjunction with Legal Note 9 to Chapter 71, HTSUS, provides in pertinent part, that the expression “imitation jewelry” means any small articles of personal adornment for example rings, bracelets, necklaces, brooches, earrings pendants, pins, and the like – not incorporating precious metal or metal clad with precious metal, except as minor constituents. We find that the PURE SERIES wristband and the MYID wristband fall within the list of exemplars, specifically bracelets, for inclusion within the provision of imitation jewelry under heading 7117, HTSUS.
The applicable subheading for the PURESTRENGTH™ bracelet and MYID™ bracelet will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Neil H. Levy at (646) 733-3036.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division