The tariff classification of earrings from Italy.

N293576 January 30, 2018 CLA-2-71:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7116.20.0500 Marina Monitto 200 Chambers Street New York, NY 10007 RE: The tariff classification of earrings from Italy. Dear Ms. Monitto: In your letter dated January 20, 2018, you requested a tariff classification ruling. No breakdown table of the natural gemstones was provided either by type of mineral or commercial name. Also no breakdown table for the types of metal used to manufacture the fishhooks was provided, for example gold or silver, or imitation gold or silver. You indicate that the value depending on size is between $9.50 and $18.00 per pair of earrings. The merchandise concerned are handmade earrings made in Italy consisting of crocheted circular designs in various colors with natural semiprecious gemstones forming inner circular designs, which attach to one’s ear by means of fishhooks. Attached to the bottom of the earrings is a singular dangling ornament of either a natural semiprecious gemstone or an imitation gemstone of plastic. Photographs depict that the natural gemstones of the inner circle are all the same kind and color, with the dangling ornament complementing in color the natural semiprecious 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. Legal Note 1 (a) and Legal Note 2 part (b) to Chapter 71 of the HTSUS are applicable to the classification of the merchandise concerned. Legal Note 1 (a) provides in pertinent part that all articles consisting wholly or partly of natural or cultured pearls or of precious and semiprecious stones (natural, synthetic or reconstructed) are to be classified in Chapter 71, HTSUS. Legal Note 2 (b) provides that heading 7116, HTSUS, does not cover articles containing precious metal or metal clad with precious metal (other than as minor constituents). It is our position that the plating of silver or gold or platinum over base metal jewelry findings does not confer an article or articles to be of precious metal – see Legal Notes: 4 (a), 5 (a) (b) and (c) and 11, HTSUS. It then follows from a reading of Legal Note 2 (b) that regardless if the fishhooks are of precious metal (gold or silver) that these jewelry findings (fittings) are of minor constituents in relation to the design of earrings containing natural, synthetic or reconstructed semiprecious gemstones, and therefore the merchandise concerned is classifiable in heading 7116, HTSUS. The applicable subheading for the handmade earrings with natural semiprecious gemstones will be 7116.20.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece.” The rate of duty will be 3.3% 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