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NY 853012


June 21, 1990

CLA-2-:71:S:N:N3G:344 853012

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.2000; 7113.20.3000; 7117.19.5000

Mr. Mark Hausle
Trans-Border Customs Services
656 Elmwood Avenue, Suite 200
Buffalo, NY 14222

RE: The tariff classification of earring clutches from Canada and from Hong Kong by way of Canada.

Dear Mr. Hausle:

In your letter of May 30, 1990, on behalf of Fashion Solutions USA of Ashland, Maine, you asked for a tariff classification ruling.

A sample presented for our examination is Fashion Solutions reference number BU-104 "Back-ups" assortment of four pairs of earring backclasps. The "Back-ups" are earring clutches (backclasps) that lock onto the posts of pierced-ear type earrings to secure the earrings in place. The clutches are mounted on posts (pins) on a plastic card contained in a small plastic box measuring 1" x 1" x 5/8".

The four pairs are valued at a total of $1.08. One pair is sterling silver "butterfly" clutches valued at 18.915 cents per pair, another pair is gold-filled "butterfly" clutches at 18.915 cents per pair and two pairs are base metal surgical stud clutches valued at 70.17 cents (35.085 cents per pair). One of the two base metal pairs is gold-plated.

The sterling silver and the gold-filled "butterfly" backclasps are made in Canada. The base metal surgical studs are products of Hong Kong.

The applicable subheading for the sterling silver butterfly clutches will be 7113.11.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of jewelry and parts thereof, of precious metal or metal clad with precious metal...of silver: other: valued not over $18 per dozen pieces or parts. The rate of duty will be 27.5 percent ad valorem.

The applicable subheading for the gold-filled butterfly clutches will be 7113.20.3000, HTS, which provides for articles of jewelry and parts thereof, of precious metal or metal clad with precious metal: clasps and parts thereof. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the base metal surgical stud clutches will be 7117.19.5000, HTS, which provides for imitation jewelry, of base metal, whether or not plated with precious metal: other: other. The rate of duty will be 11 percent ad valorem.

Goods classifiable under subheading 7113.11.2000, HTS, which have originated in the territory of Canada, will be entitled to a 16.5 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 7113.20.3000, HTS, which have originated in the territory of Canada, will be entitled to a 3.9 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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