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NY H86460




December 26, 2001

CLA-2-71:RR:NC:SP:233 H86460

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.2000; 9505.90.6000

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

RE: The tariff classification of a “Sterling Silver Adjustable Ring in Bunny Glitter Globe” from China.

Dear Ms. Wierbicki:

In your letter dated December 18, 2001, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The submitted sample, “Sterling Silver Adjustable Ring in Bunny Glitter Globe” PP206013, is a girls’ sterling silver ring cast in a floral-like design. The ring incorporates a pink colored rhinestone glued on center and features a shank that adjusts from size four to six. The ring is imported packaged ready for retail sale inside the stand for an Easter water globe. The globe is egg-shaped, constructed of clear glass and filled with water and iridescent glitter, as well as the figure of a white rabbit depicted holding a pink colored basket with yellow and green colored Easter eggs inside the basket and scattered at the feet of the rabbit. The globe is set into a rounded green colored base which serves as the lid for the globe’s stand. The stand is decorated to coordinate with the globe’s Easter scene and incorporates depictions of matching Easter eggs among a layer of green colored vegetation, atop a pink colored base. The base and stand are of plastic polyresin material.

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 Easter water globe stand as one that is specially shaped or internally fitted to accommodate the ring. Nor do we regard the water globe stand of a kind normally sold with rings. Accordingly, we find that GRI 5(a) does not operate to make the Easter water globe or its stand or classifiable with its jewelry contents. Therefore, each individual component is separately classifiable.

Your sample is being returned as requested.

The applicable subheading for the sterling silver adjustable ring will be 7113.11.2000, 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: valued not over $18 per dozen pieces or parts. The rate of duty will be 13.5% ad valorem and will remain unchanged in 2002.

The applicable subheading for the Easter water globe with its stand will be 9505.90.6000, HTS, which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: other: other. The rate of duty will be free 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
National Commodity Specialist Division

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