The tariff classification of jewelry findings from China.

N253545 June 13, 2014 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.9000 Regina Woody Classification Coordinator Hobby Lobby Stores, Inc. 7707 SW 44th Street Oklahoma City, OK 73179 RE: The tariff classification of jewelry findings from China. Dear Ms. Woody: In your letter dated May 7, 2014, you requested a tariff classification ruling. As requested, the samples will be returned to you. Item 291393, is the “poetic SPIRIT™ by bead treasures™” Mini Leather Tote Charm. The charm consists of a blue leather bag with a decorative brown leather rectangular patch, has a nylon fringe tassel, and two corded (nylon) handles. The handles of the tote are attached to a metal O-ring with a small wood bead, which in turn are attached to another O-ring connected to a lobster clasp. The tassel is attached by a third O-ring to one of the handles. The charm measures approximately 1¼ inches by 1¾ inches. This charm is attached to a blister card ready for retail sales. It is stated that the charm is to be attached to jewelry pieces, such as necklaces. The company provided material breakdown table indicates the weight and cost of the cow leather components are significantly greater than that of the metal components, nylon components and wood bead component, taken individually or aggregated. Item 291435, is the “poetic SPIRIT™ by bead treasures™” Mini Leather Journal. The charm consists of a brown leather bag with a decorative offset brown leather rectangular patch, has a nylon string around the middle, and is connected by a metal O-ring to a lobster clasp. The charm measures approximately 1¼ inches by 1½ inches. This charm is attached to a blister card ready for retail sales. It is stated that the charm is to be attached to jewelry pieces, such as necklaces. The company provided material breakdown table indicates the weight and cost of the cow leather components are significantly greater than that of the metal and nylon (sting) components, taken individually or aggregated. Item 293050, is the “poetic SPIRIT™ by bead treasures™” Mini Leather Tote with Flap. The charm consists of a rust leather bag with a decorative brown leather flap, has a brown color leather tassel attached to a button by means of a nylon cord, and has one brown leather handle. The charm measures approximately 1½ inches by 3¼ inches. This charm is attached to a blister card ready for retail sales. It is stated that the charm is to be attached to jewelry pieces, such as necklaces. The company provided material breakdown table indicates the weight and cost of the cow leather components are significantly greater than that of the plastic button component and nylon cord component, taken individually or aggregated. Item 864314, is the “make a STATEMENT® BY BEAD TREASURES™” Organza Flower/Pearl Center/Felt Attachment. The front of the item consists of a polyester flower with plastic pearls and round, faceted, glass imitation gemstones in the center. The back of the item consists of a circular disc made of nylon felt and has a loop. The item measures approximately 3 inches in diameter. This charm is attached to a blister card ready for retail sales. It is stated that the backing of the item is to be attached through the loop to jewelry pieces. The company provided material breakdown table indicates that the weight of the plastic pearls and glass imitation gemstones are greater than the polyester fabric, while the cost of the plastic pearls and glass imitation gemstones are virtually identical. There is a two percent variance in favor of the plastic weighing more than the glass. There is another material stated, copper, which forms the casting for the glass imitation gemstones. For purposes of this ruling both the weight and cost of the castings will be considered incidental in relation to the total composition of the good as it is unseen by one’s eye. Item 954842, is the “poetic SPIRIT™ by bead treasures™” Suede Tassels. The pendant or charm consists of one green and one grey polyester tassel, each attached to a crimp connector made of zinc. Each pendant or charm measures approximately 2½ inches long. These pendants or charms are attached to a blister card ready for retail sales. It is stated that the pendants or charms are to be attached to jewelry pieces, such as necklaces. The company provided material breakdown table indicates that the weight of the zinc components is greater than that of the weight of the polyester components, while the cost of the polyester components exceeds that of the zinc components. Legal Note 11 to chapter 71 in conjunction with Legal Note 9 (a) to Chapter 71 of the Harmonized Tariff Schedule of the United States (HTSUS), provides in pertinent part, that the expression “imitation jewelry” means any small articles of personal adornment, for example rings, bracelets, necklaces, brooches, earrings, pendants, pins, and the like – not incorporating precious metal or metal clad with precious metal, except as minor constituents. The word {charm} is a common type of jewelry piece, and therefore will be included within the list of exemplars provided above. Neither the Legal Notes to Chapter 71 of the HTSUS, nor the Explanatory Notes (ENs) to Chapter 71 of the Harmonized Commodity Description and Coding System, provide a meaning for the words “pendant” and “charm”. When terms are not defined in the HTSUS or the ENs to the HTSUS, they are construed in accordance with their common and commercial meaning – Nippon Kogasku (USA), Inc. v. United States, 69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable sources. C.J. Tower & Sons v. United States, 69 CCPA 128, 673 F.2d 1268 (1982). According to the Online Oxford English Dictionary, at 3, a “pendant” means: A jewel, bead, tassel, or the like, attached loosely to clothing, etc., so as to hang down as an ornament; an ornamental fringe (obs.); (now) esp. a loosely hanging piece of jewellery worn on a chain around the neck; a necklace with such a piece of jewellery attached. According to the Online Oxford Dictionary (American English), at 2, a “charm” means: A small ornament worn on a necklace or bracelet. By its very nature most charms hang down as ornaments similar to pendants. As such, we find that charms, like pendants, both fall into the class or kind of goods to be considered articles of jewelry for purposes of being classified in Chapter 71, HTSUS. The merchandise concerned is composed of different components (i.e. leather, fabric, metal and plastic) and are considered composite goods. The ENs to the 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. We find for item numbers 291393, 291435 and 293050 that the leather imparts the essential character to the charms, for the attractiveness of the jewelry pieces are in their leather designs, representing miniature tote bags and a journal; this is supported by the weight and cost of the leather components significantly exceeding that of the other components. The applicable subheading for item 291393, the “poetic SPIRIT™ by bead treasures™” Mini Leather Tote Charm, item 291435, the “poetic SPIRIT™ by bead treasures™” Mini Leather Journal, and item 293050, the “poetic SPIRIT™ by bead treasures™” Mini Leather Tote with Flap, will be 7117.90.9000, 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. 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/. At this time, we are unable to rule upon item 864314, the make a STATEMENT® BY BEAD TREASURES™ Organza Flower/Pearl Center/Felt Attachment. Additional information is needed to determine if the flower is obtained in the one piece versus being assembled by binding, gluing, fitting into one another or similar methods – see Chapter 67, Legal Note 3 (b), HTSUS. Please provide a bill of materials for the item, and a process description detailing the manufacturing steps from beginning to end in the construction of the Organza Flower/Pearl Center/Felt Attachment. At this time, we are also unable to rule upon item 954842, the poetic SPIRIT™ by bead treasures™ Suede Tassels, as additional information is needed for purposes of ruling upon this item. We have examined the sample for item 954842, identified as “suede” tassels.  When removed from the metal cap (crimp), the tassel is revealed to be material cut to form a fringe, then rolled to give the appearance of a tassel.  Although you state that the tassel portion is made of polyester, the material appears to consist of a cellular plastic base with textile fibers or fabric on both sides.  Please give complete details about the construction of the material comprising the green and grey tassels, and provide answers to the following questions: Is the base material cellular plastics?  Is there textile on one side or on both sides?  Is the textile in the form of fabric, or are loose fibers blown onto the plastic base material?  If the textile is in the form of fabric, identify the type of textile fabric (i.e. nonwoven, woven, knit). Is the polyester you refer to a textile component or a cellular plastic component or a plastic impregnation?  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