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NY L86936




August 23, 2005

CLA-2-71:RR:NC:SP:233 L86936

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.5500; 7117.90.7500

Ms. Leah C. Navidad
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of a Necklace/Choker from Hong Kong

Dear Ms. Navidad:

In your letter dated August 10, 2005, you requested a tariff classification ruling.

The submitted sample is a Halloween design item identified as IM1391 – Necklace/Choker. It is composed of a strip of polyester woven textile bias measuring approximately 31” in length by 3/8” in width. Attached to it at the center is a strip of gathered sheer textile net made of nylon, measuring approximately 11” in length and 1” in width. A cross pendant made of vinyl plastic measuring 3 1/2” in length by 2” in width is attached to the center of the necklace/choker. The two ends of the polyester woven textile bias strip are used to tie the necklace/choker around the neck.

Your sample is being returned as requested.

The polyester, the nylon and the cross pendant used to construct the Necklace/Choker form a composite good. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the part that imparts the essential character to the composite good. In this case, the cross pendant imparts the essential character to the good.      

The applicable subheading for the Necklace/Choker, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Other: Valued not over 20 cents per dozen pieces or parts: Other.” The rate of duty will be 7.2% ad valorem.

The applicable subheading for the Necklace/Choker, if valued over 20 cents per dozen pieces or parts, will be 7117.90.7500, 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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