The tariff classification of a pair of earrings from China.

N291606 November 8, 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 pair of earrings from China. Dear Ms. Melman: In your letter dated October 30, 2017, you requested a tariff classification ruling. Illustrative literature and a sample were provided. For purposes of this ruling epoxy gemstones are considered to be of plastics. Style number 60481781-NYO is identified as the Jenny Packham, London – New York, “PE Stone Linear – Rhodium/Blue Multi.” Each earring consists of 4-brass castings plated in imitation rhodium; 1 zinc clutch plated in imitation rhodium; 1 surgical steel pin; 3 faceted, glass imitation gemstones; 1-4*8mm, faceted, violet epoxy imitation gemstone; 1-4*6mm, faceted, denim blue epoxy imitation gemstone; and 1-7*10mm, faceted, Indian sapphire epoxy imitation gemstone. Company provided information in the aggregate indicates that the weight of the base metal components (brass castings, zinc clutches and steel pins) is appreciable to the weight of the plastic imitation gemstones, while the cost of the base metal components is significantly higher than that of the glass and plastic imitation gemstones. The weight and cost of the glass imitation gemstones is far below that of the base metal components and plastic imitation gemstones. 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 pair of earrings is composed of different components (i.e., base metals, glass and plastic) and is considered a composite good. The Explanatory Notes 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. Upon observation of the pair of earrings, we note that the brass castings plated in imitation rhodium play a minor role in the visual ornamentation of the earrings, and are considered common and ordinary. Because the plated castings do not contribute overly to the direct viewing of the earrings, and are common and ordinary, the significant cost of the plated castings is viewed in context to the volume and bulk of the glass and plastic imitation gemstones. The surgical steel pins and zinc clutches are considered minor fittings. Both the glass and plastic imitation gemstones contribute to the design and the aesthetic of the earrings; however, it is the larger volume and bulk of the plastic imitation gemstones over that of the glass imitation gemstones, which project the visual to one’s eye. Accordingly, the plastic imitation gemstones impart the essential character to the pair of earrings. The applicable subheading for style number 60481781-NYO, the Jenny Packham, London – New York, “PE Stone Linear – Rhodium/Blue Multi,” 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