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NY J82670




March 24, 2003

CLA-2-71:RR:NC:SP:233 J82670

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.2000

Mr. Michael J. Horton
Horton, Whiteley & Cooper
One Kaiser Plaza, Suite 455
Oakland, CA 94612

RE: The tariff classification of body jewelry from Thailand.

Dear Ms. Horton:

In your letter dated February 13, 2003, on behalf of Toucan, Inc., you requested a tariff classification ruling.

The submitted samples, 40027 (15514) and 40026 (15552), are body jewelry that is worn through a body piercing. Both samples consist of surgical steel for the main stem (the part that goes through the piercing) that has a surgical steel ball that screws on and off the main stem for insertion through the piercing and a decorative sterling silver component that is permanently attached to the main steel stem. In each case, the sterling silver component is further decorated with an inserted imitation stone or crystal.

The Explanatory Notes to heading 7113 indicate that the heading includes articles of jewelry wholly or partly of precious metal to an extent exceeding minor constituents. Based on your submitted breakdown of the component materials by value, the silver component of both samples of body jewelry exceeds being a minor constituent.

The applicable subheading for the body jewelry 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.

Articles classifiable under subheading 7117.11.2000, HTS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. 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 then enter a key word search for the term “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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