The tariff classification of imitation jewelry from China.

N267344 September 1, 2015 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.7500; 7117.19.9000 Christine Ferri Purchasing Manager Sequin LLC 234 W. 39th Street New York, NY 10018 RE: The tariff classification of imitation jewelry from China. Dear Ms. Ferri: In your letter dated August 3, 2015, you requested a tariff classification ruling. Illustrative literature and material breakdown tables were provided. All items of the merchandise concerned, being of composite goods, are governed by the General Rules of Interpretation (GRIs), specifically GRI 3 (b) to the Harmonized Tariff Schedule of the United States (HTSUS). Item # EA6996GRGL is described as the “Women’s Faceted Teardrop Earring – Green/Gold.” The item is a matching pair of earrings with each earring consisting of a steel fishhook connected to a dangling zinc casting onto which a green colored, teardrop shaped acrylic (plastic) imitation gemstone is affixed. Company provided information indicates that the weight of the zinc castings is considerably more than the weight of the acrylic imitation gemstones and that the cost of the zinc castings is nominally more than the cost of the acrylic imitation gemstones. Nevertheless, the bulk and volume of the acrylic imitation gemstones provide the visual aesthetic appeal to the earrings. Accordingly, the essential character of the earrings is imparted by the acrylic imitation gemstones. Item EA4099PRGL is described as the “Women’s Threader Earring with Simulated Pearl.” The item is a matching pair of earrings with each earring consisting of a base metal threader running through one’s ear connected to a hanging steel chain ornament onto which, the bottom has a hanging pendant with an acrylic (plastic) pearl. Company provided information indicates that the weight and cost of the steel chains are considerably more than the weight and cost of the acrylic pearls. In addition, the steel chains provide much of the visual appeal, while the acrylic pearls are merely an embellishment. Accordingly, the essential character of the earrings is imparted by the steel chains. Item EA5423MIGL is described as the “Women’s Post-Top Statement Cluster Earring – Green/Gold.” The item is a matching pair of earrings with each earring consisting of a steel post connected to a dangling zinc casting onto which a cluster of cabochon-like, turquoise, acrylic (plastic) imitation gemstones are affixed. At the center of the cluster there is another attached zinc casting with four faceted, pink-colored, imitation gemstones made of glass. Company provided information indicates that the weight of the zinc castings is considerably more than the weight of the acrylic imitation gemstones and that the cost of the acrylic imitation gemstones is nominally more than the cost of the zinc castings. Nevertheless, the bulk and volume of the acrylic imitation gemstones provide the visual aesthetic appeal to the earrings. Accordingly, the essential character of the earrings is imparted by the acrylic imitation gemstones. Item EA6760BLGL is described as the “Women’s Long Stone Dangle Earring – Blue/Gold.” The item is a matching pair of earrings with each earring consisting of what appears to be a zinc post connected to a dangling zinc casting onto which a triangular shaped (arrow-like), acrylic (plastic) imitation gemstone is affixed. Company provided information indicates that the weight and cost of the zinc castings are more than the weight and cost of the acrylic imitation gemstones. Nevertheless, the bulk and volume of the acrylic imitation gemstones provide the visual aesthetic appeal to the earrings. Accordingly, the essential character of the earrings is imparted by the acrylic imitation gemstones. Item EA6615BKGL is described as the “Women’s Modern Cluster Button Earring – Gold/Black/Clear.” The item is a matching pair of earrings with each earring consisting of a zinc post connected to a button shaped zinc casting having an acrylic (plastic) imitation gemstone affixed; attached to the zinc casting with imitation acrylic gemstone, there dangles another zinc casting having a center faceted acrylic imitation gemstone, which is largely encircled by a cluster of acrylic imitation gemstones. Company provided information indicates that the weight and cost of the zinc castings are considerably more than the weight and cost of the acrylic imitation gemstones. Nevertheless, the quantity, bulk and volume of the acrylic imitation gemstones provide the visual aesthetic appeal to the earrings. Accordingly, the essential character of the earrings is imparted by the acrylic imitation gemstones. Item EA6787WHHE is described as the “Women’s Modern Cluster Button Earring – Hematite/White.” The item is a matching pair of earrings with each earring consisting of a zinc post connected to a button shaped, zinc casting having acrylic (plastic) imitation gemstones affixed. For sake of this ruling, hematite refers to the color of black and not to the semiprecious gemstone. Company provided information indicates that the weight and cost of the zinc castings are more than the weight and cost of the acrylic imitation gemstones. Nevertheless, the quantity, bulk and volume of the acrylic imitation gemstones provide the visual aesthetic appeal to the earrings. Accordingly, the essential character of the earrings is imparted by the acrylic imitation gemstones. Item EA6742PKHE is described as the “Women’s Small Statement Earring – Hematite/Pink.” The item is a matching pair of earrings with each earring consisting of a zinc post connected to an ornamental zinc casting having six acrylic (plastic) imitation gemstones affixed. For sake of this ruling, hematite refers to the color of black and not to the semiprecious gemstone. Company provided information indicates that the weight and cost of the zinc castings are more than the weight and cost of the acrylic imitation gemstones. Nevertheless, the quantity, bulk and volume of the acrylic imitation gemstones provide the visual aesthetic appeal to the earrings. Accordingly, the essential character of the earrings is imparted by the acrylic imitation gemstones. The applicable subheading for item # EA6996GRGL, item EA5423MIGL, item EA6760BLGL, item EA6615BKGL, item EA6787WHHE and item EA6742PKHE will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Imitation jewelry: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be free. The applicable subheading for item # EA4099PRGL will be 7117.19.9000, HTSUS, which provided 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/. For item number NE6639MIGL, “Women’s Statement Necklace with Navette Shaped,” there appears to be an incomplete material breakdown table provided. Please furnish a material breakdown table to include composition (i.e., metal, plastic, glass, etc.), weight of each material, quantity of each material and cost of each material. Identify on the photo with arrows or labels the composition of those materials. Upon resubmission of the material breakdown table, this office will issue a binding ruling. 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