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NY I84682




August 12, 2002

CLA-2-71:S:N:N:D06:PF

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.9000, 4202.99.9000, 7310.29.0050

Stacey Haines
Wal-Mart Logistics
Mail Stop #0410-L-32
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of metal imitation jewelry and packaging containers, products of China.

Dear Ms. Haines:

In your letter dated July 31, 2002 you requested a ruling.

Your submitted samples consist of the following products:

VS#6539-6239 A square tote with imitation jewelry, including two necklaces, two prs. of earrings. Valued at $1.22 (tote addt’l. $1.85)

VS#6539-6240 A square tote with imitation jewelry, including nine rings. Valued at $1.22 (tote addt’l. $1.85) (SAMPLE NOT SUBMITTED)

VS#6539-6237 A flower shaped tin with imitation jewelry, including 24 prs. of earrings, one necklace, two stick on glitter “tattoos”. Valued at $2.15 (tin addt’l. $0.92)

VS6539-6238 A star shaped tin with imitation jewelry, including 23 earrings and one necklace. Valued at $2.15 (tin addt’l. $0.92)

The product packaging for the first (and presumably the second) item consists of a clear plastic, top handled case with silver colored plastic trim and closure hasp. The jewelry is displayed within affixed to a box board insert. The dimension of the sample tote is 5”x4 ½”x 2 ½”. The product packaging for the third and fourth items are pressed tins consisting of tops and bottoms with rolled edges in the shapes aforementioned. The jewelry, consisting almost entirely of earrings in these tins, pierce plastic inserts and the earring backs hold them in pairs, randomly. The dimensions of these tins are 6 ½-7”x1 3/8”. None are considered especially dedicated for jewelry, however, all are considered unusual containers and separately classified.

The applicable subheading for the jewelry items will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS). This subheading provides for “Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other . . .”. The rate of duty will be 11%.

The applicable subheading for the plastic totes will be 4202.99.9000 Harmonized Tariff Schedule of the United States (HTS). This subheading provides for “Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber, or of paperboard, or wholly or mainly, covered with such materials or with paper: Other: Other: Other .. . ”. The rate of duty will be 20%.

The applicable subheading for the tins will be 7310.29.0050 Harmonized Tariff Schedule of the United States (HTS). This subheading provides for “Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: Of a capacity of less than 50 liters: Other: Other . . “. The rate of duty will be Free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Christopher Perry
Area Port Director

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