CLA-2-71:OT:RR:NC:N4:433
Dionisia Melman
Customs Compliance and Logistics Manager
The Jewelry Group
1411 Broadway, 3rd Floor
New York, NY 10018
RE: The tariff classification of a pair of earrings from China.
Dear Ms. Melman:
In your letter dated April 21, 2017, on behalf NWH Jewelry Group, you requested a tariff classification ruling. Illustrative literature, description and a sample were received.
Style number 60469065-284 is a pair of earrings identified as the Lonna & Lilly “PE Stone Drop – WSL/Abalone.” Each earring consists of 1-12.5 by 32mm genuine green [Abalone] sheet covered by 1-12.5 by 32mm blue faceted, epoxy (plastic) imitation gemstone; 1 brass casting plated in imitation worn gold; and 1 brass eurowire plated in imitation worn gold. Company provided information in the aggregate indicates that the weight and cost of the brass castings exceeds that of the weight and cost of the genuine Abalone sheets and faceted epoxy imitation gemstones.
Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.
Legal Note 11 to Chapter 71 of the Harmonized Tariff Schedule of the United States (HTSUS) provides that for the purposes of heading 7117, the expression “imitation jewelry” means articles of jewelry within the meaning of paragraph (a) of note 9 above (but not including buttons or other articles of heading 9606, or dress combs, hair slides or the like, or hairpins, of heading 9615), not incorporating natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed) nor (except as plating or as minor constituents) precious metal or metal clad with precious metal. See Legal Note 9 (a) to Chapter 71, HTSUS, for exemplars of articles of jewelry.
The applicable subheading for style number 60469065-284, Lonna & Lilly “PE Stone Drop –WSL/Abalone,” will be 7116.20.0580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece: Other.” The rate of duty will be 3.3% ad valorem.
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 https://hts.usitc.gov/current.
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,
Steven A. Mack
Director
National Commodity Specialist Division