NY E80316 - The tariff classification and status under the North American Free Trade Agreement (NAFTA), of plastic and metal earrings from Canada; Article 509 - United States International Trade Commision Rulings

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April 9, 1999

CLA-2-71:RR:NC:SP:233 E80316

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.9000; 7117.90.5500; 7117.90.7500

Ms. Sandra MacLean
WhatWazzit
Unit 34B, Suite 130
114 Woodlawn Rd.
Dartmouth, N. S. B2W 2S7, Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of plastic and metal earrings from Canada; Article 509

Dear Ms. MacLean:

In your letter dated March 24, 1999, you requested a ruling on the status of earrings from Canada under the NAFTA.

The submitted photograph depicts six pairs of earrings. Four pairs are equipped with base metal fishhook earwires and two pairs have posts. The earrings are decorated with plastic or metal scrap computer circuit boards and other materials recovered from scrap electronic equipment. The electronic materials used are no longer functional.

The applicable tariff provision for the earrings, if made of metal, will be 7117.19.9000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for imitation jewelry: of base metal, whether or not plated with precious metal: other: other: other. The general rate of duty will be 11% ad valorem.

The applicable tariff provision for the earrings, if made of plastic, and if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, which provides for imitation jewelry: other: other: valued not over 20 cents per dozen pieces or parts: other. The general rate of duty will be 7.2% ad valorem. If valued over 20 cents per dozen pieces or parts, the applicable tariff provision will be 7117.90.7500, HTSUSA, which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics. The general rate of duty will be free. The earrings, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,

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