The tariff classification of smoky quartz cluster charm and carnelian cluster charm from Italy.

N085720 December 7, 2009 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7116.20.0580 Darren Yokopenic Senior Manager Import Compliance HSN 1 HSN Drive St. Petersburg, FL 33729 RE: The tariff classification of smoky quartz cluster charm and carnelian cluster charm from Italy. Dear Mr. Yokopenic: In your letter dated November 23, 2009, you requested a tariff classification ruling. As requested, the submitted sample will be returned to you. Item 1: is described as a smoky quartz cluster charm with a technibond (gold plated sterling silver) clasp. The cost of the item is listed at $7.28 per charm. This charm will be separately imported without a bracelet or necklace. Item 2: is described as a carnelian (variety of the mineral chalcedony) cluster charm with a technibond (gold plated sterling silver) clasp. The cost of this item is listed at $7.28 per charm. This charm will be separately imported without a bracelet or necklace. The Harmonized Tariff Schedule of the United States (HTSUS), Legal Note 2(b) to Chapter 71, provides that heading 7116 does not cover articles containing precious metal or metal clad with precious metal (other than as minor constituents). The gold plated sterling silver clasps are small in relation to the smoky quartz and carnelian clusters made from semiprecious stones. As the sterling silver clasps, plated in gold, only represent minor constituents of the cluster charms, the items are classified in heading 7116 of the HTSUS, as articles of precious and semi precious stones. The applicable subheading for the smoky quartz cluster charm and carnelian cluster charm, will be 7116.20.0580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of natural or cultured pearls, precious and semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones…..: Articles of jewelry; Valued not over $40 per piece; Other.” The rate of duty will be 3.3% ad valorem. 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 Neil H. Levy at (646) 733-3036. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division