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NY H81505




May 29, 2001

CLA-2-71:RR:NC:SP:233 H81505

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.5000

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a Clear CZ Ring in Decorative Red Box from China.

Dear Ms. Wierbicki:

In your letter dated May 23, 2001, on behalf of Avon Products, Inc., you requested a ruling on tariff classification.

The submitted sample is referred to as “Clear CZ Ring in Decorative Red Box” – PP224976. It consists of a sterling silver ring, cast in an open flower motif and set with a round Cubic Zirconium (“CZ”) stone measuring approximately 6mm in diameter. The ring is valued more than $18 per dozen pieces or parts, and will be imported packaged for retail sale in a ring box. The box measures approximately 2” in diameter and 2 ½” in height, and resembles a package wrapped with a bow. The box consists of a hinged container composed of plastic material with a textile flocked exterior. The interior incorporates a textile lining on top and a removable foamed plastic pad in the base. The pad has been pierced so that a ring may be inserted.

The gift box in which the ring will be imported and sold is properly classified with it contents in accordance with General Rule of Interpretation 5(a) which states: Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

Your sample is being returned as requested. We note that the sample has not been marked with the country of origin.

The applicable subheading for the Clear CZ Ring in Decorative Red Box will be 7113.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: Of precious metal whether or not plated or clad with precious metal: Of silver, whether or not plated or clad with other precious metal: Other: Other.” The rate of duty will be 5% 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 Specialist Lawrence Mushinske at 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,

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