The tariff classification of a necklace from China.

N288356 August 11, 2017 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.90.7500 Dionisia Melman Customs Compliance and Logistics Manager The Jewelry Group Division of Nine West Holdings 1411 Broadway, 3rd Floor New York, NY 10018 RE: The tariff classification of a necklace from China. Dear Ms. Melman: In your letter dated July 14, 2017, you requested a tariff classification ruling. Illustrative literature and a sample were received. Style number A9808 is identified as the Simply Vera Verawang “Necklace Plastic Pearls.” The necklace consists of 1-15mm zinc lobster clasp plated in imitation hematite; 1 extension chain + logo tag plated in imitation hematite; 1-5*5mm zinc casting plated in imitation hematite; 9-1mm curb chains plated in imitation hematite; 22-16mm zinc castings plated in imitation hematite; and 22-14mm plastic imitation pearls. Company provided information in the aggregate indicates that the weight and cost of the plastic imitation pearls exceed that of the weight and cost of the zinc castings. 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 necklace is composed of different components (i.e., base metals and plastic) 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. We recognize that the base metal castings are not common or ordinary, and moreover the imitation hematite plating increases not only the value of the base metal castings, but also highly ornaments eight side-surface areas and eight top-surface areas, symmetrically patterning the castings, which are visible to one’s eye. Nevertheless, the castings are set back far from the 22 protruding plastic imitation pearls, and more importantly, we cannot dismiss the quantity, size, volume and bulk of the plastic imitation pearls which completely surround the entire visual surface area of the necklace, resulting in one’s eye to be fixated on the plastic imitation pearls over that of the plated castings. Additionally, the significant weight and cost of the plastic imitation pearls, reflects to the quality of pearls used in the construction of the necklace. Accordingly, the essential character of this necklace is imparted by the plastic imitation pearls. The applicable subheading for style number A9808, the Simply Vera Verawang “Necklace Plastic Pearls,” 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