The tariff classification of a decorative necklace from China.

N287836 July 24, 2017 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.9000 Dionisia Melman Customs Compliance Manager The Jewelry Group Division of Nine West Holdings 1411 Broadway, 3rd Floor New York, NY 10018 RE: The tariff classification of a decorative necklace from China. Dear Ms. Melman: In your letter dated June 29, 2017, you requested a tariff classification ruling. Illustrative literature and a description were provided. Style number M2301 – Blue is identified as the “28-inch Badge String – SIL/BLU MLT.” The “identification necklace” is a beaded, necklace that consists of 121, 4mm and 6mm glass cherry beads with the 4mm beads colored in a deep shade of blue and the 6mm beads colored in a light shade of blue; 44, 4mm CCB (plastic) spacer beads plated in imitation silver; 30, 2mm brass tube beads (bugle-like) plated in imitation silver; 1mm cotton thread; and 1, 18 by 40mm zinc casted lobster claw. The lobster claw is not used as means of closing and opening the necklace, but rather to attach an identification badge holder. No badge holder comes with this necklace. Company provided information in the aggregate indicates that the weight of the glass cherry beads significantly exceeds that of the plastic spacer beads and pointedly exceeds that of the brass tube beads, while the cost of the brass tube beads marginally exceeds that of the glass cherry beads and significantly exceeds that of the plastic spacer beads. The plating cost further increases the value of the plastic spacer beads, brass tube beads and lobster claw, and adds to the embellishment of the overall appearance of the “identification necklace.” 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. Customs {CBP} has consistently followed the long-standing classification principle stated by the Supreme Court in United States v. Citroen, 223 U.S. 407, 414-15, 32 S. Ct. 259, 56 L.Ed. 486 (1911): … [t]he rule is well established that “in order to produce uniformity in the imposition of duties, the “dutiable classification of articles imported” must be ascertained by an examination of the imported article itself, in the condition in which it is imported.” Worthington v. Robbins, 139 U.S. 337,341, 35 L. Ed. 181, 182, 11 Sup. Ct. Rep. 581; Dwight v. Merritt, 140 U.S. 213, 219, 35 L. Ed. 450, 452, 11 Sup. Ct. Rep. 768; United States v. Schoverling, 146 U.S. 76, 82, 36 L. Ed. 893, 895, 13 Sup. Ct. Rep. 24; United States v. Irwin (C.C.A. 2d C.) 24 C.C.A. 349, 45 U.S. App. 746, 78 Fed. 799, 802. [Emphasis supplied.] Consistent with United States v. Citroen, this office is of the opinion that the three variations of adjustable height table bases are classifiable as parts of furniture, of metal, in subheading 9403.90, HTSUS. Legal Note 11 in conjunction with Legal Note 9 (a) to Chapter 71 of the HTSUS provides in pertinent part, that the expression “imitation jewelry” means any small articles of personal adornment for example rings, bracelets, necklaces, brooches, earrings, watch chains, fobs, pendants, tie pins, cuff links, dress studs, and religious or other medals and insignia – not incorporating natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed), nor (except as plating or as minor constituents) precious metal or metal clad with precious metal. When terms are not defined 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). In Merriam-Webster's Deluxe Dictionary, Tenth Collegiate Edition (1998), “adorn” is defined, in pertinent part, as: “1: to enhance the appearance of, especially with beautiful objects.” “Necklace” is defined therein as: “an ornament worn around the neck.” “Pendant” is defined, in pertinent part, as: “1: something suspended: as a: an ornament (as on a necklace) allowed to hang free.” “Insignia” is defined as: “1: a badge of authority or honor 2: a distinguishing mark or sign.” “Lanyard” is defined, in pertinent part, as: “2 a: a cord or strap to hold something (as a knife or a whistle) and usually worn around the neck b: a cord worn as a symbol of a military citation.” Unlike HQ 965072 dated September 19, 2001 (lanyard ticket holder) and HQ 963399 dated November 21, 2001 (retractable badge holder), where the ticket holder and badge holder did not satisfy the meaning of pendant, the imitation silver plated lobster claw is ornamented and hangs down in similar fashion to a pendant, and more over the necklace is ornamented, thereby making the jewelry piece a beaded, pendant necklace worn on the body for personal adornment. As such, the merchandise concerned satisfies the meaning of imitation jewelry for tariff purposes. 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 beaded, pendant necklace is composed of different components (glass beads, plastic beads, base metal beads and a base metal lobster claw), and is considered a composite good for tariff purposes. 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. In this instance, although the lobster claw at time of import will be regarded as a pendant, its use when attached to a badge holder is not primarily for adornment to be worn on the body, and as such it is our opinion that the lobster claw does not impart the essential character to the beaded, pendant necklace. The plastic spacer beads are visually thin and small, and simply segment the two sizes of glass beads into patterns, and therefore it is our opinion they do not impart the essential character to the beaded, pendant necklace. It is our determination that the [glass cherry beads] impart the essential character to the beaded, pendent necklace, because there are 11 sections of two different sizes of blue glass cherry beads and two different shades of blue glass cherry beads versus 10 sections of base metal tube beads plated in imitation silver; the quantity (11 x 11 = 121 qty.) of the blue glass cherry beads far exceeds the quantity (10 x 3 = 30 qty.) of the base metal tube beads plated in imitation silver; and the difference in the higher cost of the base metal tube beads compared against the cost of the blue glass cherry beads is de minimis without the plating costs and only nominal with the adding of the plating cost. With case in point, the beaded, pendant necklace is a “stylish fashion identification necklace” designed to be worn on the body as a piece of imitation jewelry. The applicable subheading for style number M2301 – Blue, the “28-inch Badge String – SIL/BLU MLT” 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