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NY 863885

June 7, 1991

CLA-2-:71:S:N:N3G:344 863885

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.2000; 7113.11.5000; 7113.19.2900; 7113.19.5000

Mr. Gil Malo Jaramillo
Robles 653 y Amazonas
P.O. Box 8932 Suc.7
Quito, Ecuador

RE: The tariff classification of a precious jewelry articles from Ecuador.

Dear Mr. Jaramillo:

In your letter of April 3, 1991, you asked for a tariff classification ruling on certain gold and silver jewelry articles that you plan to hand carry from Ecuador. You intend to visit jewelers in the United States in an effort to sell your jewelry and to make contacts for future business.

You have inquired about the following:

1.- Hand-made 18K gold jewelry: rings, earrings, necklaces and bracelets.

2.- Hand-made 18K gold jewelry: rings, earrings, necklaces and bracelets, set with semiprecious stones.

3.- 18K gold jewelry made by machine casting and finished by hand.

4.- 18K gold chains, machine-made, hand-polished.

5.- Silver jewelry, fineness 950.

6.- Silver jewelry, 950, set with semiprecious and synthetic stones.

7.- Silver chains, machine-made, finished and polished by hand.

The applicable subheading for the 18K gold rings, earrings and bracelets, whether hand-made or machine-cast and gem-set or not, will be 7113.19.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of jewelry and parts thereof, of precious metal...of other precious metal...other: other. The rate of duty will be 6 1/2% ad valorem.

The applicable subheading for the 18K gold necklaces and neck chains, whether hand-made or machine-made, will be 7113.19.2900, HTS, which provides for articles of jewelry and parts thereof, of precious metal...of other precious metal...other: necklaces and neck chains, of gold: other. The rate of duty will be 6 1/2% ad valorem.

The silver jewelry, including the silver neck chains, whether hand-made or made by machine, and whether gem-set or not, is classifiable under the provision for articles of jewelry and parts thereof...of silver. If valued not over $18 per dozen pieces, the applicable subheading for the silver jewelry will be 7113.11.2000, HTS, and the rate of duty will be 27 1/2% ad valorem. If the silver jewelry is valued over $18 per dozen pieces, the applicable subheading will be 7113.11.5000, HTS, and dutiable at the rate of 6 1/2% ad valorem.

Silver jewelry articles made in Ecuador, classifiable under 7113.11.2000 and 7113.11.5000, HTS, and 18K gold jewelry articles, made in Ecuador and classifiable under 7113.19.2900 and 7113.19.5000, HTS, are entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. You should have a "Form A" certificate of origin, properly executed, for the jewelry that you carry to the United States.

If the value of your of your jewelry is not over $1250, an informal entry is required. If the value of your jewelry exceeds $1250, a formal entry must be filed with Customs. You may want to arrange for a licensed customshouse broker to meet you upon your arrival in the United States. The broker can prepare the necessary entry, thus facilitating the release of your jewelry.

Concerning your unsold jewelry, in the event the jewelry did not qualify for duty-free treatment under the GSP, you can apply for a refund of any duties you may have paid under the "same condition drawback" procedures. A drawback entry must be filed prior to exportation of the unsold jewelry from the United States (prior to the time you leave the United States).

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

Sincerely,

Jean F. Maguire
Area Director

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