The tariff classification of a necklace from China.

N284702 April 4, 2017 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.9000 Dionisia Melman Customs Compliance Manager The Jewelry Group 1411 Broadway, 3rd Floor New York, NY 10018 RE: The tariff classification of a necklace from China. Dear Ms. Melman: In your letter dated March 22, 2017, you requested a tariff classification ruling. Illustrative literature and description were received. Style number “1202-Purple” is a three stranded beaded necklace with an attached ribbon extender and bow forming closure. The necklace consists of 6-5mm rubber beads; 10-6mm rubber beads; 51-8mm rubber beads; 41-10mm rubber beads; 35-12mm rubber beads; 7 casted base metal rondel beads set with diamond-like, faceted, glass stones; 2 casted zinc logo tags; 2 casted zinc end caps; 2 casted zinc end bars; 6-20mm jump rings; and one 40-inch textile ribbon with bow that acts as the closure. All of the base metal castings are plated in a shiny silver. Company provided information indicates that the weight and cost of the rubber beads significantly exceed that of the base metal castings, glass stones and ribbon. In the United States Court of International Trade, The Home Depot, U.S.A., Inc., v. the United States, Slip Op. 06-49, Court No. 00-00061, dated April 7, 2006, the Court considered all factors in evidence to determine essential character and that these factors were to be reviewed as a whole. See Slip Op. 06-49, for a listing of factors reviewed. Consistent with The Home Depot case, we will consider all facts as presented, assign weight to those facts, and if possible decide which of the constituent materials or components impart the essential character to the item referenced above. The 1202-Purple is composed of different components (i.e., base metal, rubber, textile and glass) 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. In this case the sheer quantity of purple colored rubber beads, as reflected by the weight and cost of those beads, dominates the visual appearance of the necklace. The “Purple” as identified in the style number, articulates that this item is a three-stranded [purple] beaded necklace, embellished with diamond-like imitation gemstone rondels. As such, it is our opinion that the purple colored rubber beads impart the essential character to the necklace. The applicable subheading for Style number 1202-Purple will be 7117.90.9000, 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: 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 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