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NY 872944



April 7, 1992

CLA-2-:71:S:N:N3G:344 872944

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.5000; 7117.19.5000

Ms. Joy Pennick
Joy Pennick Jewelry & Metalworks
2553 Elm Street
Halifax
Nova Scotia
B3L 2Y5
Canada

RE: The tariff classification of silver and base metal jewelry from Canada.

Dear Ms. Pennick:

In your letter of March 19, 1992, you requested a tariff classification ruling on silver and base metal earrings and brooch.

You have submitted five samples with your request. They are:

1. Saturn (S-1) - Earring - Consisting of a brass disc with a sterling silver dome and base metal (niobium) earwire.

2. Saturn (S-2) - Earring - Consisting of a blackened copper disc with a base metal (niobium) dome and earwire.

3. Earchimes (E-2) - Earring - Consisting of brass and sterling silver elements with brass and glass beads.

4. Geometrics (G-2) - Earring - Consisting of base metal (niobium) with a fused copper element (scrap silver melted onto copper) with a sterling silver earwire.

5. Sunflower Pin (SF-5) - Brooch - Consisting of a brass back with sterling silver flower face and nickel and silver bar type pin back.

Your samples are being returned as requested.

The applicable subheading for Saturn (S-l), Earchimes (E- 2), Geometrics (G-2) and Sunflower Pin (SF-5) will be 7113.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: of precious metal whether or not plated or clad with precious metal: of silver, whether or not plated or clad with other precious metal: other: other. The rate of duty will be 6.5%.

Goods classifiable under subheading 7113.11.5000, HTS, which have originated in the territory of Canada, will be entitled to a 1.3% rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The applicable subheading for Saturn (S-2) 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%.

Goods classifiable under subheading 7117.19.5000, HTS, which have originated in the territory of Canada, will be entitled to a 6.6% rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

In your letter you describe variations in composition of the submitted samples. It is suggested that you forward a separate request, along with samples, and we will be glad to issue you a binding ruling on these additional articles.

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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