The tariff classification of two pairs of earrings from China.

N285852 May 16, 2017 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.19.9000 Dionisia Melman Customs Compliance and Logistics Manager The Jewelry Group 1411 Broadway, 3rd Floor New York, NY 10018 RE: The tariff classification of two pairs of earrings from China. Dear Ms. Melman: In your letter dated May 1, 2017, on behalf of NWH Jewelry Group, you requested a tariff classification ruling. Illustrative literature, description and samples were received. For purposes of this ruling epoxy imitation gemstones are considered to be plastic. Style number 60474220-Z01 is a pair of earrings identified as the Dana Buchman, “PE DROP LVRBK – GOLD/NEUTRAL.” Each earring consists of 1 zinc casting plated in imitation gold, having a rope-like design; 1 brass leverback plated in imitation gold; and 1 faceted, greige epoxy imitation gemstone. Company provided information in the aggregate indicates that weight and cost of the base metal components exceed that of the plastic imitation gemstones. Style number 60474222-Z01 is a pair of earrings identified as the Dana Buchman, “PE DOUBL DROP LVRBK – GOLD/NEUTRAL.” Each earring consists of 2 zinc castings plated in imitation gold, with the larger casting having a rope-like design; 1 brass leverback plated in imitation gold; 1 steel jump ring plated in imitation gold; 2 faceted, greige epoxy imitation gemstones; and 2 faceted, jet hematite epoxy imitation gemstones. Company provided information in the aggregate indicates that weight and cost of the base metal components exceed that of the plastic imitation gemstones. Classification 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. 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 items referenced above. Each pair of earrings is composed of different components (base metal and plastic) and is considered a composite good. The Explanatory Notes (ENs) to the 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. Upon careful consideration of the totality of essential character factors, one finds that we have two pairs of “base metal earrings” plated in imitation gold, set with plastic imitation gemstones. For style number 60474222-Z01, the double drop earrings, the two imitation gemstones on each earring are halved on each side with the backside of the earring not visible when worn; as such, we do not having four imitation gemstones viewed by one’s eye, but rather, only two imitation gemstones visible to one’s eye. We note that the base metal castings having a rope-like design weigh and cost more than the imitation gemstones, provide the structure and support onto which the plastic imitation gemstones are set, significantly contribute to the overall appearance of the two pairs of drop earrings, and are not common or ordinary. The imitation gold plating adds to the value of the base metal castings having a rope-like design, as well as the for the base metal castings forming the bezels surrounding the small, faceted, plastic imitation gemstones on the PE Double Drop earrings. Consistent with New York rulings N282612 dated January 27, 2017 and N284826 dated April 4, 2017, the imitation gold plated base metal “zinc castings” impart the essential character to the two pairs of drop earrings. The applicable subheading for style number 60474220-Z01, the “PE DROP LVRBK – GOLD/NEUTRAL” and style number 60474222-Z01, the “PE DOUBL DROP LVRBK – GOLD/NEUTRAL,” will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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 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