NY 802422 - The tariff classification of articles and jewelry of semiprecious stones from Brazil. - United States International Trade Commision Rulings

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. NY 802422
October 20, 1994

CLA-2-71:S:N:N8:344 802422

CATEGORY: CLASSIFICATION

TARIFF NO.: 7116.20.1000; 7116.20.2000

Mr. Ricardo Kirilauscas
Cenpro Imp. & Exp. Corp.
10651 N. Kendall Drive, Suite 211
Miami, Florida 33176

RE: The tariff classification of articles and jewelry of semiprecious stones from Brazil.

Dear Mr. Kirilauscas:

In your letter dated September 12, 1994, you requested a tariff classification ruling.

You have submitted six samples, including chips of a variety of semiprecious stones which are glued to a card and labeled.

The six samples are:

1. A 26 inch necklace made of semiprecious stones and gold- plated base metal.
2. A chrome bottle opener with an agate handle. The essential character of this composite article is derived from the agate handle.
3. Amethyst and gold-plated metal earrings. 4. An agate pendant with gold-plated metal trim. 5. A figurine of two parrots made of agate. 6. A key holder consisting of a base metal split ring attached to an inch long leather braid which is attached to a polished disk of agate measuring an inch and a quarter in diameter and 7/16 of an inch deep. The essential character of this composite article is derived from the polished agate disk.

The applicable subheading for the necklace, pendant and earrings will be 7116. 20.1000, Harmonized Tariff Schedule of United States (HTS), which provides for Articles of jewelry...Of ...semiprecious stones. The rate of duty will be 6.5% ad valorem.

The 9applicable subheading for the bottle opener, the parrot figurine and the key holder will be 7116.20.2000, HTS, which provides for Other articles of...semiprecious stone. The rate of duty will be 21% ad valorem.

Articles classifiable under subheadings 7116.20.1000 and 7116.20.2000, HTS, whch are products of Brazil, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. However, the GSP has expired September 30, 1994 and has not been extended. Congress may choose to renew GSP. In that case, the GSP provision cited herein may apply retroactively.

You have also asked about other articles such as letter openers, forks, and jewelry boxes. Please provide samples of these items with a letter requesting a binding ruling, and we will be happy to respond. Please limit your samples to no more than five per letter.

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

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