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HQ 082569


November 17, 1989

CLA-2 CO:R:C:G 082569 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 9902.71.16

M. J.L. de la Fuente
Americas-Far East Connections, Inc.
P.O. Box 440
Mt. Arlington, New Jersey 07856

RE: Classification of semiprecious stone beads

Dear Mr. or Ms. de la Fuente:

This is in reference to your letter dated April 4, 1988, requesting the classification of various semiprecious stone beads under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of temporarily strung, graded, semiprecious stone beads which will be used in the manufacture of jewelry in the United States. The beads are amethyst, black onyx, coral, hematite, jade, leopard skin jasper, red flower/puppy jasper, lapis, malachite, rose quartz, tiger eye, and white agate. The beads are temporarily strung on a 16 inch strand without a clasp. They will be imported from Hong Kong and Taiwan.

ISSUE:

Whether the semiprecious stones at issue are classifiable under subheading 7103.99.1000, HTSUSA, or 9902.71.16, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 7103, HTSUSA, provides for precious stones (other than diamonds) and semiprecious stones, whether or not worked or graded but not strung, mounted or set; ungraded precious stones (other than diamonds) and semiprecious stones, temporarily strung for convenience of transport. Subheading 7116.20.20, HTSUSA, provides for articles of semiprecious stones (natural, synthetic or reconstructed) other.

The Explanatory Notes to the HTSUSA may be consulted for guidance as to the correct interpretation of the various HTSUSA provisions. The Explanatory Notes for subheading 7103 state that "The stones of this heading may be strung for convenience of transport, provided this method of assembly is temporary and that the stones have not been graded and are not directly suitable for use as jewelry." In light of the fact that the stones at issue are graded, they are excluded from this heading.

Subchapter II of Chapter 99 was amended September 9, 1989, to add a new provision, subheading 9902.71.16, HTSUSA, for graded, temporarily strung semiprecious stones.

HOLDING:

The stones at issue are classifiable under subheading 9902.71.16, HTSUSA, as graded semiprecious stones (except rock crystal) strung temporarily for convenience of transport (provided for in subheading 7116.2020) with a duty rate of 2.1 percent ad valorem.

Sincerely,

John Durant, Director

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