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NY I87213




October 15, 2002

CLA-2-71:RR:NC:SP:233 I87213

CATEGORY: CLASSIFICATION

TARIFF NO.: 7116.20.0500; 7116.20.1500

Mr. William Sharpe
I.C.S. Customs Service Inc.
812 Thorndale Avenue, Suite B
Bensenville, IL 60106

RE: The tariff classification of a sapphire bracelet with pierced earrings from China.

Dear Mr. Sharpe:

In your letter dated October 7, 2002, on behalf of MBM Company Inc., you requested a tariff classification ruling.

The submitted sample, Sapphire Bracelet and Pierced Earrings (Part #15130), is made of base metal of brass plated with gold. The clasp is made of the same gold plated brass metal. The bracelet contains 12 sapphire stones with a total weight of 7 carats and .02 carats of diamonds mounted on the bracelet between the sapphires. The pierced earrings are gold plated brass with one sapphire in each earring. The pair of earrings contains 2 ¼ carats of sapphires and .01 carats of diamonds. The earrings are sold as a set with the bracelet; however, they are invoiced separately.

The sample is being returned to you.

The applicable subheading for the sapphire bracelet and pierced earrings, if valued not over $40 per piece, will be 7116.20.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece.” The rate of duty will be 3.3% ad valorem.

The applicable subheading for the sapphire bracelet and pierced earrings, if valued over $40 per piece, will be 7116.20.1500, HTS, which provides for “Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed)” Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Other.” The rate of duty will be 6.5% ad valorem.

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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