The tariff classification of a necklace from China.

N257701 October 21, 2014 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.7500 Debra Dudzinski Customs Compliance Analyst Crimzon Rose, Inc. 350 5th Avenue, 9th Floor New York, NY 10118 RE: The tariff classification of a necklace from China. Dear Ms. Dudzinski: In your letter dated September 22, 2014, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you. Style # 497362WM, is identified on the blister card as the “18½-Inch Adjustable Necklace.” The jewelry piece is a tiered, three stranded necklace, displaying acrylic pearl beads and gold colored, CCB (Copper Coated Beads). The beaded necklace has two segments of curb chain links, one segment on each side, connected with jewelry findings to a lobster claw clasp. Acrylic is a form of thermoplastic or thermosetting plastic, and CCB are acrylic beads with a metal plating giving the appearance of metal without the weight. The necklace consists of: 1, 18mm, lobster claw clasp; 4, 10.5mm, jumprings; 1, 3-inch extender chain with ball; 2, 21mm x 15mm, curb chain segments, each segment being 4½ inches in length; 6, 7mm jumprings; 5, clamshell endtips; 5, 8mm, round, CCB, gold beads; 10, 10mm, round, CCB, gold beads; 8, 12mm, round, CCB, gold beads; 14, 14mm, round, CCB, gold beads; 2, 16mm, round, CCB, gold beads; 2, 18mm, round, CCB, gold beads; 7, 16mm, round, white acrylic pearl beads; 4, 20mm, round, white acrylic pearl beads; and 3, 25mm, round, white acrylic pearl beads. Company provided information indicates, that the weight and cost of the acrylic beads exceeds that of the base metal curb chain and its base metal jewelry findings. The “18½-Inch Adjustable Necklace” is composed of different components (acrylic and base metal), and is considered a composite good. 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. We note that the plastic beads weigh and cost more than the base metal curb chain and its base metal jewelry findings. Moreover, it is the quantity, size and volume of the acrylic beads that draws one’s eye to the necklace, while the curb chain appears not to be visible when worn around the neck. Accordingly, the essential character of the necklace is imparted by the acrylic, plastic, beads. The applicable subheading for the “18½-Inch Adjustable Necklace” will be 7117.90.7500, 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: Of plastics.” The rate of duty will be free. 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