The tariff classification of a necklace from China.

N257035 September 29, 2014 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7116.20.0580 Ann Garyn Customs Compliance Sr. Specialist III Chico’s FAS, Inc. 11215 Metro Parkway, Building 4 Fort Myers, Florida 33966 RE: The tariff classification of a necklace from China. Dear Ms. Garyn: In your letter dated August 29, 2014, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you. Article # 570117619, with style # 2-28-14 B, is described as a “Ladies/Metal/Textile/Cubic Zirconia Necklace.” The necklace consists of a large circular, stamped, metal ornament, which is attached on two sides and knotted through the middle to multiple black textile cords. At the end of the two sides of multiple black textile cords there are metal crimp caps connected to chain links on one side and a lobster clasp closure on the other side. Next to the lobster clasp there is a Chico’s logo tag made of metal and a dangling Cubic Zirconia (CZ), and at the end of the chain links there is a dangling metal ball. No material breakdown was provided. Legal Note 11 to Chapter 71 of the Harmonized Tariff Schedule of the United States (HTSUS) provides that for the purposes of heading 7117, the expression “imitation jewelry” means articles of jewelry within the meaning of paragraph (a) of note 9 above (but not including buttons or other articles of heading 9606, or dress combs, hair slides or the like, or hairpins, of heading 9615), not incorporating natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed) nor (except as plating or as minor constituents) precious metal or metal clad with precious metal. See Legal Note 9 (a), HTSUS, for exemplars of articles of jewelry. In respect to the Ladies/Metal/Textile/Cubic Zirconia Necklace, the jewelry piece cannot be classified as imitation jewelry in heading 7117, HTSUS, as it contains a CZ, which is considered to be a 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 HTSUS. The applicable subheading for the Ladies/Metal/Textile/Cubic Zirconia Necklace, with CZ stone, 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 E-mail address: neil.h.levy@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division