CLA-2-71:OT:RR:NC:N4:433
Nicole M. Rule
Compliance Coordinator
C.H. Robinson International, Inc.
1501 Mittel Boulevard, Suite A
Wood Dale, IL 60191
RE: The tariff classification of a locket necklace from China.
Dear Ms. Rule:
In your letter dated October 13, 2015, on behalf of Spin Master Inc., you requested a tariff classification ruling. As requested, the sample submitted will be returned to you.
Item number 78988-20458 is identified on the blister package as the “Little Charmerstm Posietm Locket Medaillon.” These are trademarks of Spin Master Ltd. Nickelodeon. The merchandise concerned is the “Little Charmerstm Posietm Locket Medaillon” necklace and comes in three varieties, which are named Hazel, Posie and Lavender. The item consists of a plastic 19-inch beaded necklace with plastic clasp, a plastic locket with loop having the image of Posie and one plastic miniature doll named Posie. The locket is inseparable from the necklace and the miniature doll fits inside the locket. Upon opening the locket the doll is removable from the locket. This item will be packaged ready for retail sale at time of import.
In your request for a ruling, you suggest that the “Little Charmerstm Posietm Locket Medaillon” necklace be classified as a “toy” in heading 9503 of the Harmonized Tariff Schedule of the United States (HTSUS). We find that your proposed suggestion to classify the merchandise concerned as a toy to be inconsistent with one of the holdings in Headquarters ruling HQ 956524 dated January 31, 1995. Upon examination of HQ 956524, it was held that a “Polly Pocket necklace” consisting of a pendant with removable back, which housed a removable miniature doll, not containing any play environment within the pendant itself, was an article of imitation jewelry classified in heading 7117, HTSUS, as it was not demonstrated that the article was principally used for amusement. Consistent with HQ 956524, the merchandise concerned is classifiable within the imitation jewelry provisions of heading 7117, HTSUS.
The applicable subheading for the “Little Charmerstm Posietm Locket Medaillon” necklace 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.
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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division