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NY C84739




May 6, 1998

CLA-2-95:RR:NC:SP:233/222 C84739

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.9000

George Fancher
Tower Group International
821 2nd Ave. #1400
Seattle, WA 98104-1580

RE: The tariff classification of a Necklace & Earrings Set from China

Dear Mr. Fancher:

In your letter dated February 19, 1998 you requested a tariff classification ruling on behalf of your client Giftco Inc. Please excuse the delay in our response, but we wished to review the jewelry set in light of Midwest of Cannon Falls. However, since jewelry is, by definition, an article of personal adornment, it is not affected by the above cited case.

The instant product, Jolly Santa Polystone Necklace & Earrings Set, is made of fifty percent polyresin and fifty percent stone powder. It is, therefore, not plastic. Your sample is returned as requested.

The applicable subheading for the Jolly Santa Polystone Necklace & Earrings Set will be 7117.90.9000, 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: Other. The rate of duty will be 11 percent ad valorem.

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 Specialists Larry Mushinske at (212) 466-5739 or Alice J. Wong at (212) 466-5538.

Sincerely,

Robert B. Swierupski
Director National Commodity

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