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NY N005299





January 19, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.7500

Ms. Suzanne Deemer
Supremia International, Inc.
Princeton Corporate Plaza, Suite 200
11 Deer Park Drive
Monmouth Junction, NJ 08852

RE: The tariff classification of a child’s necklace from China.

Dear Ms. Deemer:

In your letter dated January 9, 2006, you requested a tariff classification ruling.

The submitted sample is a child’s necklace used as a promotional item. The necklace measures 18” in length and is made of plastic beads strung onto plastic wire. It features a dolphin pendant and a lobster claw clasp, both made of silver plated brass. According the cost breakdown you submitted, the necklace is valued at $0.70.

The necklace is composed of different components and is considered a composite good. Regarding the essential character of the necklace, the Explanatory Notes to GRI 3 (b) (VIII) state that the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. 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 plastic beads impart the essential character to the good.      

The applicable subheading for the child’s necklace will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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