The tariff classification of a necklace from China.

N273286 March 24, 2016 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 6 Fort Myers, Florida 33966 RE: The tariff classification of a necklace from China. Dear Ms. Garyn: In your letter dated February 18, 2016, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you. Style number NE15203WHGL is a “Ladies Metal and Howlite Necklace.” The pendant necklace consists of a 35-inch, gold color, base metal chain link necklace with lobster clasp and extender chain, onto which a Howlite pendant is placed. The chain link necklace cannot be removed from the pendant. The pendant has a circular, gold color loop with fixed bail and has a flat rod-like bottom onto which a gold color, square, base metal casting set with a Howlite square stone is attached. The pendant can rock back and forth on the gold color loop with flat bottom. Seven small metal chains with miniature Howlite spheres at the end of each chain are dangling from beneath the Howlite pendant, similar to tassels. Company provided information indicates that the necklace is composed of 40% zinc, 40% steel and 20% Howlite. Its value is not over $40 per piece. Classification of goods under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs, 2 through 6, may then be applied in order. Section Notes and Chapter Notes to the HTSUS are regarded as legal notes for tariff purposes. Legal Note 2 (b) to heading 7116 states: Heading 7116 does not cover articles containing precious metal or metal clad with precious metal (other than as minor constituents). Further, we have reviewed the Annex to heading 7103 “Precious stones (other than diamonds) and semi-precious stones ….,” and have found no listing for the borate mineral of Howlite. In spite of this, when terms are not defined or fully elaborated upon in the HTSUS or the Explanatory Notes (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). We have found on the website of GemSelect, www.gemselect.com, that Howlite can be of gemstone quality, especially when the Howlite is interspersed by a dark matrix (which appears as veins), or it can be matrix-free and pure white. GemSelect also advertises and sells Howlite on their website under the category of a “gem.” Further, on the website of Gemstones Advisor, www.gemstonesadvisor.com, Howlite is categorized as a “gemstone” – “Howlite is a fairly plain looking gemstone that is extensively used in beading. Though it can be seen in jewelry, its main claim to fame is an imitation of other gemstones, for example turquoise, lapis, lazuli and coral.” Also, on the website of www.gemdat.org there is a listing of Howlite “gemstones” by color. This office is of the persuasion that, although not part of the Annex to heading 7103, HTSUS, Howlite when in gemstone quality is also a semi-precious gemstone, and in this instance the Howlite stone of the merchandise concerned appears to be of gemstone quality and used in jewelry, specifically a pendant necklace. Unlike the beads on NY 801226 dated September 9, 1994, today’s marketplace recognizes Howlite as a semi-precious gemstone when they are of the class or kind to be of gemstone quality, and used for beading or jewelry purposes, of which the stringing of beads can be used for jewelry purposes too. Accordingly, based on GRI 1 and Legal Note 2 (b) to Chapter 71, HTSUS, the merchandise concerned is classified in heading 7116, HTSUS. The applicable subheading for the “Ladies Metal and Howlite Necklace” 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 TSUS 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 neil.h.levy@cbp.dhs.gov. Sincerely, Deborah Marinucci Acting Director National Commodity Specialist Division