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NY L88601





November 9, 2005

CLA-2-71:RR:NC:SP:233 L88601

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.11.5000

Mr. Charles Santarelli
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of sterling silver pendant and earring sets from China.

Dear Mr. Santarelli:

In your letter dated November 2, 2005, on behalf of Again Trading, you requested a tariff classification ruling.

The submitted samples are three styles of sterling silver pendant and earring sets as follows:

Style A consists of one pair of earrings and a pendant made of sterling silver, each with a square shaped dangle set with clear artificial stones. The earrings are valued at $2.30 per pair and the pendant is valued at $2.21.

Style B consists of one pair of earrings and a pendant made of sterling silver, each set with an oval shaped pink colored artificial stone and surrounded by small clear artificial stones. The earrings are valued at $2.96 per pair and the pendant is valued at $3.53.

Style C consist of one pair of earrings and a pendant made of sterling silver, each formed in the shape of a heart and set with clear artificial stones. The earrings are valued at $2.91 per pair and the pendant is valued at $4.14.

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 sterling silver pendant and earring sets are each considered a set for tariff classification purposes, with the essential character imparted by the pendant.

Your samples are being returned as requested.

The applicable subheading for the sterling silver pendant and earring sets will be 7113.11.5000, 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: Other.” The rate of duty will be 5% ad valorem.

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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