The tariff classification of a necklace from China.

N193804 December 15, 2011 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7116.20.0580 Shawn Glover UPS Trade Management Services, Inc. 2031 South Centennial Avenue Aiken, SC 29803 RE: The tariff classification of a necklace from China. Dear Mrs. Glover: In your letter dated November 18, 2011, on behalf of Avon Products Inc., you requested a tariff classification ruling. Item number PP1122823 is described as an agate fancy necklace. The specification sheets indicate that the item is a silver plated, base metal necklace, containing one faux agate measuring 13 x 16.5mm and one faux agate measuring 20 x 25.5mm, two round glass crystals, one synthetic diamond (Cubic Zirconia – CZ) end-ball, six filigree balls, and a lobster clasp, spring ring and tag. The faux agates are composed of epoxy – plastic. This necklace is available in one of three options of stones (quartz or opal considered semiprecious gemstones, and CZ synthetic precious gemstone), each of which is located on the end of the removable extender chain. The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS), Chapter 71, heading 7116, …Articles of precious and semi-precious stones, state in pertinent part, this heading covers all articles (other than those excluded by Notes 2 (b) and 3 to this Chapter), wholly of natural or cultured pearls, precious or semi-precious stones, or consisting partially of natural or cultured pearls or precious or semi-precious stones, but not containing precious metals or metals clad with precious metal (except as minor constituents). Further provided, the ENs to heading 7117, Imitation jewelry, excludes from its provision articles of jewelry containing natural or cultured pearls, and/or precious and semi-precious stones. As the faux agate fancy necklace, contains either a semiprecious or precious gemstone, the item is not classifiable in heading 7117, HTSUS. Accordingly, the necklace is classified in heading 7116, HTSUS – the provision in part for jewelry of natural and cultured pearls, and/or precious and semi-precious stones. The applicable subheading for the faux agate fancy necklace, available with either a semiprecious or precious gemstone located on the end of the removable extender chain, if valued not over $40 per piece, will be 7116.20.0580, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed: 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