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July 22, 1999

CLA-2-71:RR:NC:SP:233 E84797

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 7116.20.4000

Mr. Greg Stump
Crystal Import International Ltd.
#123-11071 Bridgeport Rd.
Richmond BC, V6X 1T3, Canada

RE: The tariff classification of semiprecious stone articles from China and Mexico and an imitation suede bag from China or India.

Dear Mr. Stump:

In your letter dated July 13, 1999, you requested a tariff classification ruling.

The following samples were submitted with your request:

1. A small drawstring bag, designated by you as an “imitation suede bag,” which is a bag made from man-made fiber woven fabric that has been flocked. This man-made fiber flocking simulates the look and feel of suede. The bag measures 3" x 2" and features a braided cord draw string that has been inserted in a sleeve at the top of the bag. The bag will be marketed as a holder or container for pebbles, tumbled precious stones or other mineral samples. The bag is from China or India.

2. A “Heartstone,” consisting of a heart-shaped semiprecious stone. The stone can be jasper, green aventurine, agate, rose quartz or quartz crystal. The Heartstone measures 1" in height by 1" across its widest point, and approximately 1/8" in thickness. The article is affixed to a card which reads: “Heartstone Rose Quartz. The pink color of rose quartz has been symbolic of love throughout the ages. Carry this stone with you for peacefulness, forgiveness and emotional balance.” The Heartstone will be packaged with an imitation suede bag. The stones are from China; the bag is from China or India.

3. A “Worry Stone,” consisting of a square-shaped piece of onyx with a finger depression. The article measures approximately 1 1/2" x 1 1/2" and is affixed to a card which reads: “ Worry Stone onyx. Hand crafted onyx worry stone. Just rub it and all your worries will disappear.” The Worry Stone will be packaged with an imitation suede bag. The stone is from Mexico, the bag is from China or India.

The applicable subheading for the “imitation suede bag” will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns, other, other, other, other, other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the Heartstone and the Worry Stone will be 7116.20.4000, HTS, which provides for articles of precious or semiprecious stones (natural, synthetic or reconstructed)...other. The rate of duty will be 10.5 percent ad valorem.

Regarding the country of origin marking for the three samples, we note that all three bags are properly marked with the country of origin labels sewn inside. However, the country of origin of the stones must be included on the card in close proximity to “NATURE’S EXPRESSION - Vancouver, Canada.” In addition, the marking of the plastic bag “Made in Canada” must be changed to “Assembled and Packaged in Canada.”

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 212-637-7061.

Sincerely,

Robert B. Swierupski

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