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NY 874121



May 22, 1992

CLA-2-:71:S:N:N3G:344 874121

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.5000; 7117.19.5000

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

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

Dear Ms. Pennick:

In your letter of April 23, 1992, received in this office May 5, 1992, you requested a tariff classification ruling on silver and base metal earrings.

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

1. Floral (F) - A brass flower earring with niobium (base metal) center-dome and earwire.

2. Sunflower (SF) - An all brass sunflower earring with niobium earwire.

3. Geometric (small G-1) - A geometric style niobium earring with niobium earwire.

4. Earchime (E-3) - A 100% sterling silver earring with silver earwire.

5. Earchime (E2) - A sterling silver and niobium earring with glass beads.

Your samples are being returned as requested.

The applicable subheading for Floral (F), Sunflower (SF), and Geometric (small G-1) will be 7117.19.5000, Harmonized Tariff Schedule of the United States (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.

The applicable subheading for Earchimes (E-3) and (E-2) will be 7113.11.5000, 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.

In your letter you refer to ruling number NY 872944, issued April 7, 1992. You state in your letter that ..."This ruling seems to identify items in each class by reference to my stock codes (S-l, G-2 etc.) and not by the material composition..." When a binding ruling is issued for an article which has a reference number, the ruling applies to that reference number only. You will note in our ruling that the material composition of the item was described along with the reference number. Classification was determined on the basis of material composition of that particular item number.

For your information, we are enclosing a booklet entitled, U.S./Canada Free Trade Agreement, which should answer any questions you may have concerning this program. With regard to other questions you may have in connection with entry procedures, it is suggested that you contact the nearest U.S. Customs office and speak to the commodity team assigned to jewelry.

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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