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NY I80104




April 9, 2002

CLA-2-71:RR:NC:SP:233 I80104

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.5500; 7117.90.9000

Mr. William R. Sparkes
Spartec
P.O. Box 127
Somers Point, NJ 08244-0127

RE: The tariff classification of Makalani nut jewelry from Namibia.

Dear Mr. Sparkes:

In your letter dated January 16, 2002, you requested a tariff classification ruling.

The submitted photographs depict two carved Makalani nuts from the Makalani palm tree, each strung on a leather string. The items appear to be intended for use as jewelry.

The applicable subheading for the Makalani nut jewelry, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: other: other: valued not over 20 cents per dozen pieces or parts: other. The rate of duty will be 7.2% ad valorem.

The applicable subheading for the Makalani nut jewelry, if valued over 20 cents per dozen pieces or parts, will be 7117.90.9000, HTS, which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: other. The rate of duty will be 11% ad valorem.

Articles classifiable under subheadings 7117.90.5500 and 7117.90.9000, HTS, which are products of Namibia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. However, the GSP has expired September 30, 2001 and has not been extended. Congress may choose to renew GSP retroactively. In that case, the GSP provision cited herein may apply retroactively. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on “CEBB,” click on “Files,” click on “Search,” and enter a Key Word search for “T-GSP.”

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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