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NY I81888




May 20, 2002

CLA-2-71:RR:NC:SP:233 I81888

CATEGORY: CLASSIFICATION

TARIFF NO.: 9615.11.4000; 7117.90.5500; 7117.90.7500

Ms. Johnna L. Berry
AKA International, Inc.
1200 South 192nd Street, Suite 103
Seattle, WA 98148

RE: The tariff classification of a barrette and a necklace/jewelry pouch from China.

Dear Ms. Berry:

In your letter dated May 13, 2002, on behalf of Stravina Operating Company, you requested a tariff classification ruling.

The submitted samples are as follows:

Style #3-534 is a hair barrette. The base of the barrette is 100% cowhide leather of domesticated farm animal origin. The barrette is decorated with sewn on plastic beads which cover the leather entirely. This style comes in several shapes, designs, and colors. The leather portion is sewn onto a metal spring clasp barrette. The essential character of the barrette is imparted by the plastic beads.

Style #3-409 is a necklace/jewelry pouch composed of a plastic beaded necklace made of strung plastic beads measuring approximately 24 inches in length, with a jewelry pouch attached to it. The pouch is made of 100% cowhide leather of domesticated farm animal origin. The pouch is decorated with sewn on plastic beads. This style comes in several shapes, designs and colors.

We find that the necklace/jewelry pouch is a composite good whose essential character is not clearly imparted by either the necklace or the pouch. General Rule of Interpretation (“GRI”) 3(c), Harmonized Tariff Schedule of the United States (HTS) provides that such products shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, the classification for the necklace occurs last.

The applicable subheading for the barrette will be 9615.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for combs, hair-slides and the likeof hard rubber or plastics: other: not set with imitation pearls or imitation gemstones. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the necklace/jewelry pouch, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, 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 necklace/jewelry pouch, if valued over 20 cents per dozen pieces or parts, will be 7117.90.7500, HTS, which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts: other: of plastics. The rate of duty will be free.

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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