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HQ 966575




March 8, 2004

CLA-2 RR:CR:GC 966575 KBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6914.10.80; 7117.90.90

Ms. Sally Connolly
Ro Sham Bo Global Enterprises, Inc.
15 Lexington Court
Napa, CA 94559

RE: Reconsideration of NY J83901; Lali Beads Articles

Dear Ms. Connolly:

This is in reference to your letter dated May 23, 2003, in which you requested reconsideration of New York Ruling Letter (NY) J83901, dated May 7, 2003, issued to you by the Customs National Commodity Specialist Division, New York, concerning the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of three types of hand painted porcelain bead articles marketed under the name Lali Beads™: Zippity Do Da’s™, Lali Loops™, and Lali Laces™.

FACTS:

The three articles involved in NY J83901 are each made of a small hand painted porcelain character strung together with small hand painted porcelain beads and plastic beads. You describe the Zippity Do Da’s™ as a zipper pull. They are comprised of a nickel-plated brass lobster claw clasp attached to a nickel-plated brass split ring. These are connected by a nylon cord to a character porcelain bead, other porcelain beads and a plastic bead.

You describe the Lali Loops™ as a jean accessory to hang from a belt loop. They are comprised of a metal “shot-ball” chain with closure connected to a metal split ring. These are connected by a nylon cord to one or two character porcelain beads, several other porcelain beads and two plastic beads. On your website you describe other uses for the Loops, stating, “Don’t stop there; decorate your purse straps, overall straps, button holes and more!” The website also sells the Lali Loops attached to a red ‘Chinese Silk’ backpack.

You describe the Lali Laces™ as a shoe accessory to attach to the shoelace eye loops. They are comprised of a 2.5mm elastic string with a metal tip at each end. Threaded through the elastic is a character porcelain bead, two other porcelain beads and two plastic beads.

ISSUE:

Whether the Lali Loops™, Zippity Do Da’s™ and Lali Laces™ are classified as other ceramic articles, or as statuettes and other ornamental ceramic articles, or as jewelry.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the HTSUS is such that most goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.

In interpreting the headings and subheadings, Customs looks to the Harmonized Commodity Description and Coding System Explanatory Notes (ENs). Although not legally binding, they provide a commentary on the scope of each heading of the HTSUS. It is Customs practice to follow, whenever possible, the terms of the ENs when interpreting the HTSUS. See T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The HTSUS provisions under consideration are as follows:

6913 Statuettes and other ornamental ceramic articles:

6913.10 Of porcelain or china:

Other:

6913.10.50 Other

6913.90 Other:

Other:

6913.90.50 Other

6914 Other ceramic articles:

6914.10 Of porcelain or china:

6914.10.80 Other

Imitation jewelry:

7117.90 Other:

Other:

Valued over 20 cents per dozen pieces or parts:

Other:

7117.90.90 Other

You state that you believe that the three types of Lali Beads™ articles should be classified in heading 6913, HTSUS. You also provided a non-binding opinion from a Customs employee suggesting classification of these articles in subheading 6913.90.50, HTSUS, but which recommended acquiring a binding ruling in this regard.

The description in the ENs of the articles covered in heading 6913, HTSUS states:

This heading covers a wide range of ceramic articles of the type designed essentially for the interior decoration of homes, offices, assembly rooms, churches, etc., and outdoor ornaments (e.g., garden ornaments).

The ENs go on to state examples of the articles covered in heading 6913, HTSUS, which include:

(A) Articles which have no utility value but are wholly ornamental, and articles whose only usefulness is to support or contain other decorative articles or to add to their decorative effect, e.g.:

(1) Statues, statuettes, busts, haut or bas reliefs, and other figures for interior or exterior decoration; ornaments (including those forming parts of clock sets) for mantelpieces, shelves, etc., (animals, symbolic or allegorical figures, etc.); sporting or art trophies; wall ornaments incorporating fittings for hanging (plaques, trays, plates); medallions; firescreens; artificial flowers, fruit, leaves, etc.; wreaths and similar ornaments for tombs; knick-knacks for shelves or domestic display-cabinets.

These types of articles covered in heading 6913, HTSUS, are not similar to the subject bead articles. The instant articles are for personal use, rather than as a decoration for a room, building or garden. Therefore classification of the instant articles is not appropriate in heading 6913, HTSUS.

Chapter Note 9 (a) defines “articles of jewelry” as:

Any small objects of personal adornment (gem-set or not) (for example, rings, bracelets, necklaces, brooches, earrings, watch chains, fobs, pendants, tie pins, cuff links, dress studs, religious or other medals and insignia)[.]

This definition is incorporated for imitation jewelry through Chapter Note 11 for Chapter 71 which defines imitation jewelry of heading 7117, HTSUS, as:

For the purposes of heading 7117, the expression “imitation jewelry” means articles of jewelry within the meaning of paragraph (a) of note 9 above (but not including buttons or other articles of heading 9606, or dress combs, hair slides or the like, or hairpins, of heading 9615), not incorporating natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed) nor (except as plating or as minor constituents) precious metal or metal clad with precious metal.

The ENs include in heading 7117, HTSUS (as incorporated through the EN 71.13 (A)):

Small objects of personal adornment (gem-set or not) such as rings, bracelets, necklaces, brooches, ear-rings, neck chains, watch-chains and other ornamental chains; fobs, pendant, tie-pins and clips, cuff-links, dress-studs, buttons, etc.; religious or other crosses; medals and insignia; hat ornaments (pins, buckles, rings, etc.); ornaments for handbags; buckles and slides for belts, shoes, etc.; hair-slides, tiaras, dress combs and similar hair ornaments.

However, the ENs for heading 7117, HTSUS exclude from that heading, articles listed in EN 71.13 (B):

Articles of personal use normally carried in the pocket, in the handbag or on the person such as cigar or cigarette cases, snuff boxes, spectacle cases, powder boxes, lipstick holders, pocket combs, cachou boxes, chain purses, rosaries, key rings.

Customs has previously classified articles described as zipper pulls based on the essential character of components used to create the article. In HQ 086641 (June 12, 1990), Customs stated:

The above-described goods, however, have uses other than as zipper pulls for children’s clothing items. For example, the goods could be used as zipper pulls for such non-clothing items as key rings and footwear.

To determine the classification, Customs cites the article’s “multiple uses and applications.” See also, NY K82110 (January 6, 2004), NY D84235 (November 13, 1998), and HQ 083538 (February 12, 1990) (classifying zipper pulls according to the material from which the zipper pull was made).

Two of the instant bead articles, the Zippity Do Da’s™ and the Lali Loops™, are similar articles to the zipper pulls in the prior Customs rulings. Although you describe the Zippity Do Da’s™ and Lali Loops™ as being for different uses, we find the articles can be used for the same purposes. The only difference between the Zippity Do Da’s™ and Lali Loops™ is that one uses a lobster claw clasp and the other uses a shot-ball chain as a clasp. Both articles can be used as a zipper pull, attached to a belt loop, attached to a bag strap or loop, attached to or used as a key chain, used as a light cord pull, or put to other uses. On your website, you describe the Lali Loops™ as having multiple uses, calling it “Jean Art. But don’t stop there; decorate your purse straps, overall straps, button holes and more!” The Lali Loops™ is even sold attached to a knap sack. Therefore, because one of the forseeable uses of the Zippity Do Da’s™ and Lali Loops™ is as a key ring which is excluded from heading 7117, HTSUS, and because of the multiple uses of both the Zippity Do Da’s™ and Lali Loops™, we find that these two articles should be classified according to the material which gives the articles their essential character, the porcelain beads. Therefore, Zippity Do Da’s™ and Lali Loops™, are classified under subheading 6914.10.80, HTSUS, as other ceramic articles, of porcelain or china, other.

Unlike the Zippity Do Da’s™ and Lali Loops™, the third type of article at issue, the Lali Laces™, has only one use. The metal tipped ends of the Lali Laces™ can only be used to attach the article between two eyelets of a shoe or sneaker. NY A86550 (August 26, 1996) determined that metal charms designed to be attached to the eyelets of sneakers or shoes for decorative purposes were classified as imitation jewelry in heading 7117, HTSUS. The ENs for heading 7117, HTSUS, (as incorporated from the ENs for heading 7113, HTSUS) include decorative articles designed for shoes. HQ 083538 (February 12, 1990) did not classify a decorative shoe lace decoration in the form of a textile animal head in Chapter 71. However, HQ 083538 involved a textile article which is excluded from Chapter 71 by Chapter Note 3(g). Note 2(c) to Chapter 69, HTSUS, provides that Chapter 69 does not cover articles of Chapter 71, e.g., imitation jewelry. Therefore, we find that Lali Laces™ are classified in subheading 7117.90.90, HTSUS, as imitation jewelry, other, other, valued over 20 cents per dozen pieces or parts, other, other.

HOLDING:

In accordance with the above discussion, the Zippity Do Da’s™ and Lali Loops™, are classified under subheading 6914.10.80, HTSUS, as other ceramic articles, of porcelain or china, other. The Lali Laces™ are classified in subheading 7117.90.90, HTSUS, as imitation jewelry, other, other, valued over 20 cents per dozen pieces or parts, other, other.

EFFECT ON OTHER RULINGS:

NY J83901 is affirmed.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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