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NY C80112




October 3, 1997

CLA-2-71:RR:NC:SP:233 C80112

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.7500

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Rd.
Hoffman Estates, IL 60195-1930

RE: The tariff classification of Halloween earrings and a Halloween pin from China.

Dear Ms. Balice:

In your letter dated September 22, 1997, you requested a tariff classification ruling.

The following samples were submitted with your request:

1. Style 46128 Halloween earrings, each earring featuring a miniature teddy bear dressed in a witch's costume holding a pumpkin and a broom, suspended from a fish hook earwire.

2. Style 46342 Halloween pin, consisting of a pumpkin with a ghost attached to the top of it by means of a spring, enabling the ghost to "dance" when the pin is moved.

You indicate that the earrings and pin are made from a polyresin material. The term "polyresin" is sometimes used to refer to stone blended with plastics material (i.e., agglomerated stone). This word, however, is also used to refer to pure plastics or plastics blended with material other than stone. In order to determine whether the polyresin product consists of artificial stone, we would have to determine the precise composition of the item and the derivation of the non-plastics material within the product and whether the material is derived from crushed or ground stone or a synthetic chemical.

In the absence of any information to the contrary we must conclude that nothing is blended with the plastics material or that it is blended with a material which does not meet the requirements for classification as artificial stone. Accordingly, we must conclude that the earrings and pin are partially or totally comprised of plastics and are classifiable under the provision for imitation jewelry of plastics.

The applicable subheading for the Halloween earrings and pin will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics. The rate of duty will be free. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 212-466-5739.

Sincerely,

Robert B. Swierupski

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