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NY H86215




December 20, 2001

CLA-2-71:RR:NC:SP:233 H86215

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.9000; 3924.90.5500

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

RE: The tariff classification of “Barbie Ballerina Necklace in a Box” from China.

Dear Ms. Wierbicki:

In your letter dated December 14, 2001, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The submitted sample, “Barbie Ballerina Necklace in a Box” PP228030, is described as a young girl’s necklace imported, ready for retail sale, in a box constructed of plastic based resin material. The necklace consists of a base metal chain from which is suspended a pendant measuring approximately 1” high and in the shape of a dancing ballerina “holding” an approximately 5cm wide heart shaped stone of glass. The chain is a rope style measuring approximately 16” long and incorporating a claw clasp closure, as well as a heart shaped charm engraved with Barbie and an additional 3” “tail” of figure eight style chain attached to the jump ring. The box, and its detachable lid, are round in shape and painted to resemble a dancer’s pedestal; its interior is unlined and non-compartmentalized. The box’s exterior is painted white and decorated with raised depictions of pairs of ballerina slippers and roses, as well as the name Barbie™, in “Barbie Pink.” The lid is also in “Barbie Pink” and incorporates a larger depiction of a pair of ballerina slippers.

We note that certain containers may be classified with the articles they are designed to hold, if the requirements of GRI 5(a) are met. In pertinent part, GRI 5(a) states that:

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 article for which they are intended, shall be classified with such articles when of a kind normally sold therewith.

It is the bag or container itself which must be specially shaped or fitted to contain a specific set of articles. We do not regard the sample box as one that is specially shaped or internally fitted to accommodate the necklace. Nor do we regard the box of a kind normally sold with necklaces. Accordingly, we find that GRI 5(a) does not operate to make the box classifiable with its jewelry contents. Therefore, each individual component is separately classifiable.

Your sample is being returned as requested.

The applicable subheading for the necklace will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other. The rate of duty will be 11% ad valorem and will remain unchanged in 2002.

The applicable subheading for the box will be 3924.90.5500, HTS, which provides for other household articles of plastic: other, other. The rate of duty will be 3.4% ad valorem and will remain unchanged in 2002.

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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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