The tariff classification of a necklace from China.

N243943 August 1, 2013 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7116.20.0580 Darlene Irish Import Department Talbots Import, LLC 1 Talbots Drive Hingham, MA 02043 RE: The tariff classification of a necklace from China. Dear Ms. Irish: In your letter dated July, 8, 2013, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you. Style number 33065205 is referred to as the inlayed mother of pearl illusion necklace. The necklace is 32 inches long and has a lobster clasp closure. The necklace consists of segmented base metal chain links which are connected to repeating patterns of imitation pearl beads, mother of pearl ornaments set in base metal castings and faceted imitation gemstones set in base metal castings. On the opposite side of the lobster clasp closure there is a Talbots logo hangtag along side of a dangling cubic zirconia (CZ) gemstone set in a base metal casting. The Explanatory Notes (ENs), which constitute the official interpretation of the Harmonized Tariff Schedule at the international level, for Chapter 71, heading 7116 (Articles of natural or cultured pearls, precious and semi-precious stones (natural, synthetic or reconstructed)), 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). Additionally, the ENs to heading 7117, Imitation jewelry, excludes articles of jewelry containing natural or cultured pearls, and precious and semi-precious stones. In respect to style number 33065205, the inlayed mother of pearl illusion necklace cannot be classified as imitation jewelry in heading 7117, as it contains a CZ, simulated diamond. The synthetic (simulated) diamond is categorized under “precious” gemstones. Consequently, this item is classified as precious jewelry in subheading 7116.20 of the Harmonized Tariff Schedule. The applicable subheading for the inlayed mother of pearl illusion necklace 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, Thomas J. Russo Director National Commodity Specialist Division