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NY J84941




June 2, 2003

CLA-2-71:RR:NC:SP:233 J84941

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.2000; 7113.11.5000

Ms. Lorraine Randall
Botanical Expressions
8122 Mahan Dr.
Tallahassee, FL 32309

RE: The tariff classification of sterling silver earrings from Mexico.

Dear Ms. Randall:

In your letter dated May 12, 2003, you requested a tariff classification ruling.

The merchandise to be imported consists of earrings made of a base of sterling silver with a “bubble” containing a pressed flower. The earrings are valued at between $2.00 and $3.00 per pair. Please note that a pair of earrings is considered two pieces of jewelry.

The applicable subheading for the sterling silver earrings, if valued not over $18 per dozen pieces or parts, will be 7113.11.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of jewelry and parts thereofOf 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.

The applicable subheading for the sterling silver earrings, if valued over $18 per dozen pieces or parts, will be 7113.11.5000, HTS, which provides for “Articles of jewelry and parts thereofOf silver, whether or not plated or clad with other precious metal: Other: Other.” The rate of duty will be 5% ad valorem.

The earrings, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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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