The tariff classification of four pendants and one necklace from China.

N252493 May 7, 2014 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.9000; 7117.19.9000 Regina Woody Classification Coordinator Hobby Lobby Stores, Inc. 7707 SW 44th Street Oklahoma City, OK 73179 RE: The tariff classification of four pendants and one necklace from China. Dear Ms. Woody: In your letter dated April 15, 2014, you requested a tariff classification ruling. As requested, the samples submitted will be returned to you. Item 254391 is described as the Large Wire Wrapped Crystal Pendant. The pendant consists of a brass wire wrapped around a large size, faceted glass (crystal) imitation gemstone. At the top of the brass wire there is a brass bail designed for a chain or cord to go through allowing the user to wear the pendant as a necklace. This item approximately measures 2½ inches by 1 inch at its widest points. The company provided material breakdown table indicates the weight and cost of the glass crystal is significantly more than the weight and cost of the brass wire. Observation of the pendant indicates that the brass wire simply accents the faceted glass crystal. Item 338525 is described as the Siam Crystal Earring Pendants. Each of the two identical pendants consists of an ornamented zinc metal casting having four tiers of ruby, glass imitation gemstones. At the top of each pendant there is a bail designed for a fishhook to be attached, thus creating a dangling pair of earrings. This item approximately measures 2½ inches by ½ inch at it widest points. The company provided material breakdown table indicates the weight and cost of the zinc casting is significantly more than the weight and cost of the glass imitation gemstones. Observation of the pendant indicates that the casting is neither common nor ordinary. Item 937177 is described as the Glass Pendant with Filigree Overlay. The pendant consists of an ornamented zinc metal casting having at its center a large tear-drop shaped, colored, faceted glass imitation gemstone. The casting is embellished with an ornate zinc filigree overlay. At the top of the metal casting there is a bail designed for a chain or cord to go through allowing the user to wear the pendant as a necklace. This item approximately measures 1½ inch by 1 inch at its widest points. The company provided material breakdown table indicates the weight and cost of the glass imitation gemstone is significantly more than the zinc casting and zinc filigree taken together. Observation of the pendant indicates that the casting with the inclusion of the filigree is neither common nor ordinary, while the size, volume and bulk of the glass imitation gemstone cannot be ignored. Item 938332 is described as the Glass Pendant with Chain Tassel. The pendant consists of a round blue color, faceted glass imitation gemstone, having an eye-pin connector running through its center, allowing for the attachment of an O-ring to connect eight dangling iron chain tassels. The glass imitation gemstone is approximately ¾ inch in diameter, while each tassel is approximately 1½ inch in length. At the top of the metal casting there is a bail designed for a chain or cord to go through allowing the user to wear the pendant as a necklace. The company provided material breakdown table indicates the weight of the iron chain tassels is greater than the weight of the glass imitation gemstones, while the cost of the iron chain tassels compared against the cost of the glass imitation gemstones is virtually identical. Observation of the pendant indicates that the size, volume and bulk of the blue color, faceted glass imitation gemstone allures one to the jewelry piece, while the iron chain tassels provide flare to imitation gemstone. Item 953547 is described as the Wooden Seed Bead/Jump Ring Chain. The necklace consists of numerous iron jump-rings connected to each other with each iron jump-ring having two wooden seed beads. The necklace has no clasp. This item is approximately 36 inches long. The company provided material breakdown table indicates the weight and cost of the iron jump-rings is greater than the weight and cost of the wooden seed beads. The wooden seed beads have appreciable (large enough to be noticed) weight and cost when compared against the weight and cost of the iron jump-rings. Observation of the necklace indicates that the jump-rings are nearly obscured by the double numbers of seed beads, creating the effect of a seed bead necklace contrasted against iron tones. In the United States Court of International Trade, The Home Depot, U.S.A., Inc., v. the United States, Slip Op. 06-49, Court No. 00-00061, dated April 7, 2006, the Court considered all factors in evidence to determine essential character and that these factors were to be reviewed as a whole. See Slip Op. 06-49, for a listing of factors reviewed. Consistent with The Home Depot case, we will consider all facts as presented, assign weight to those facts, and if possible decide which of the constituent materials or components impart the essential character to the items referenced above. The four pendants and one necklace are composed of different components (item numbers 254391, 338525, 937177, and 938332: glass and metal, and item number 953547 wood and metal), and are considered composite goods. The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS), 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 material or component that imparts the essential character to the composite good. For item 254391, Large Wire Wrapped Crystal Pendant, we are of the opinion that the faceted glass (crystal) imitation gemstone imparts the essential character to the good, in that one cannot take one’s eye off of the crystal gemstone. For item 338525, Siam Crystal Earring Pendants, we are of the opinion that the zinc casting imparts the essential character to the good, in that the weight and cost of the casting far exceeds that of the glass, and moreover, the earring pendants have the visual appearance of base metal ornaments lavished with ruby, glass imitation gemstones. For item 937177, Glass Pendant with Filigree Overlay, we are of the opinion that the faceted glass imitation gemstone imparts the essential character to the good, in that one cannot take one’s eye off of the large size, volume and bulk of the faceted gemstone, except to glance at the intricate filigree metalwork. For item 938332, Glass Pendant with Chain Tassel, we are of the opinion that the blue color, faceted glass imitation gemstone imparts the essential character to the good, in that the size, volume and bulk of the faceted gemstone draws one’s eye to the pendant, while the dangling iron chain tassels ratchet up the style. For item 953547, Wooden Seed Bead/Jump Ring Chain, we are of the opinion that the seed beads impart the essential character to the good, in that the beads dominate in appearance over that of the obscured jump-rings which merely accent the seed beaded necklace. The applicable subheading for item 254391, Large Wire Wrapped Crystal Pendant, item 937177, Glass Pendant with Filigree Overlay, item 938332, Glass Pendant with Chain Tassel, and item 953547, Wooden Seed Bead/Jump Ring Chain, will be 7117.90.9000, 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: Other.” The rate of duty will be 11% ad valorem. The applicable subheading for item 338525, Siam Crystal Earring Pendants, will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation Jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other.” The rate of duty will be 11% 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 E-mail address: neil.levy@dhs.gov. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division