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NY L82602




February 16, 2005

CLA-2-71:RR:NC:SP:233 L82602

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.7500

Ms. Wanda Habrial
Binney & Smith
1100 Church Lane
Easton, PA 18044

RE: The tariff classification of Smart Charms Bracelet from China.

Dear Ms. Habrial:

In your letter dated February 4, 2005, you requested a tariff classification ruling.

The submitted sample is identified as Smart Charms Bracelet, item #03-4000. The kit includes 2 plastic smart charm bracelets, various charms and 2 tubes of paint to create a child’s bracelet. The charms are interchangeable to create new designs. When the bracelets are near each other they will light up.

Your sample is being returned as requested.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The Smart Charms Bracelet is a set for tariff classification purposes, with the essential character imparted by the bracelet.

The applicable subheading for the Smart Charms Bracelet will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be Free.

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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