The tariff classification of a necklace and bracelet from China.

N284135 March 17, 2017 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.7500 Lynn Marshall Product Manager Hamco Inc. P.O. Box 1028 Gonzales, LA 70707 RE: The tariff classification of a necklace and bracelet from China. Dear Ms. Marshall: In your letter dated March 1, 2017, you requested a tariff classification ruling. Samples and description were received. No material breakdown was provides by cost. As requested, the samples submitted will be returned to you. The necklace is identified as the “Silicone Teething Necklace.” The necklace is a 30 inch long textile string with a plastic breakaway clasp and seven silicone beads strung together at the base of the necklace. The silicone beads are made of 100% food grade-silicone material. The necklace is meant to be worn by an adult for fashion, as well as functioning as a teething device for a young child. The bracelet is identified as the “Silicone Teething Bracelet.” The bracelet is 3 inches in diameter, and has an outside surface of raised, elongated hexagon shapes. The silicone bracelet is made of 100% food-grade silicone material. The bracelet is meant to be worn by an adult for fashion, as well as functioning as a teething device for a young child. Note 4 to Chapter 40 of the Harmonized Tariff Schedule of the United States (HTSUS) describes synthetic rubber as applying to unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which, at a temperature between 18 and 29 degrees Centigrade, will not break on being extended to three times their original length and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1-1/2 times their original length. Silicone is not cross-linkable with sulfur, and thus is not considered to be rubber for tariff classification purposes. Consequently, silicone is to be treated as plastic for tariff purposes. Legal Note 11 in conjunction with Legal Note 9 to Chapter 71, 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. We find that the “Silicone Teething Necklace” and “Silicone Teething Bracelet” fall within the list of exemplars, specifically necklaces and bracelets, for inclusion within the provision of imitation jewelry under heading 7117, HTSUS. See Headquarters ruling HQ H015873 dated October 31, 2006. The applicable subheading for the “Silicone Teething Necklace” and “Silicone Teething Bracelet,” if valued over 20 cents per dozen pieces or parts, 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 https://hts.usitc.gov/current. 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, Steven A. Mack Director National Commodity Specialist Division