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NY R01994




May 24, 2005

CLA-2-71:RR:NC:SP:233 R01995

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.19.5000; 7113.11.5000

Ms. Suzie Ibbetson
Symphonie Pty ltd
25 New Street West
Balgowlah Heights
Sydney NSW 2093, Australia

RE: The tariff classification of jewelry from Australia.

Dear Ms. Ibbetson:

In your letter dated May 18, 2005, you requested a tariff classification ruling.

The merchandise under consideration is semiprecious stone jewelry. The jewelry pieces are all made using either natural or synthetic semiprecious stones, set in gold (white or yellow) or sterling silver that may or may not be rhodium plated. You have submitted pictures of a sample pair of earrings and a bangle with your request.

The applicable tariff provision for semiprecious stone jewelry set in gold will be 7113.19.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: Of other precious metal, whether or not plated or clad with precious metal: Other: Other.” The general rate of duty will be 5.5% ad valorem.

The applicable tariff provision for semiprecious stone jewelry set in sterling silver will be 7113.11.5000, 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 other precious metal: Other: Other.” The general rate of duty will be 5% ad valorem.

In your letter you indicate that the jewelry qualifies for duty free treatment under the terms of the United States - Australia Free Trade Agreement. To qualify for free status under that agreement, the jewelry must be either wholly obtained or produced in the territory of Australia or the United States or transformed in Australia. Please submit information to show the origin of the gold, silver and semiprecious stones.

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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