The tariff classification of a pendant, necklace, and bracelet from China.

N301725 November 26, 2018 CLA-2-71: OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 7117.19.9000; 7117.90.9000 George Fugger MBI, Inc. 47 Richards Avenue Norwalk, CT 06857 RE: The tariff classification of a pendant, necklace, and bracelet from China. Dear Mr. Fugger: In your letter dated November 12, 2018, you requested a tariff classification ruling. Illustrative literature and item descriptions were provided. MBI, Inc. item 1723, the “Dozen Roses Drop Heart Necklace” is a brass base metal necklace containing 12 brass rose stones and 22 white crystal leaf stones. The necklace is 10” in length with an additional 8” base metal cable chain, a 2” open link extender, and a lobster clasp. A review of company provided information indicates the ornate casting, setting, assembly, and finish of the brass metal and brass rose stones relative to the crystal leaf stones and other components costs is significant. MBI, Inc. item 1553, the “Monthly Floating Crystal Pendant” is a brass base metal circle shape pendant. A 2.5cm diameter face and rear faceted clear glass encases 120 1.8mm to 2mm floating Chinese glass crystals. The pendant chain is 26” in length with a 2” open link extender and lobster clasp. A review of company provided information indicates the ornate casting, setting, assembly, and finish of the brass metal pendant relative to the Chinese glass crystals and other components is significant. MBI, Inc. item 5824, the “Men’s Birthstone ID Bracelet” is a bracelet measuring approximately 8”, constructed of stainless steel links, and incorporates two Swarovski crystals. Different color birthstone crystals are available based on individual months of the calendar year. A review of company provided information indicates the ornate casting, setting, assembly, and finish of the stainless steel links relative to the two Swarovski crystals and other components is significant. In consideration of the “Dozen Roses Drop Heart Necklace,” the “Monthly Floating Crystal Pendant” and the “Men’s Birthstone ID Bracelet” illustrative literature and descriptions provided, you are inclined to classify all items under subheading 7117.19.9000. The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) constitute the official interpretation of the tariff at the international level. EN VIII to General Rule of Interpretation (GRI) 3(b) provides: “the factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, 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. The “Dozen Roses Drop Heart Necklace” is composed of different components (brass, glass crystals) and is considered a composite good. The 22 brass leaves accented with crystals and the 12 brass rose stones provide a visual surface area that contribute collectively to the overall appeal and aesthetic to the necklace. In the opinion of this office, the quantity, volume, and bulk of the base metal castings impart the essential character to the jewelry piece. The “Monthly Floating Crystal Pendant” is composed of different components (brass, glass crystals) and is considered a composite good. The 100 glass crystals encased in the faceted glass pendant along with the 20 glass crystals surrounding the decorative zinc casting create the overall appeal and aesthetic to the pendant. In the opinion of this office, the quantity, volume, and bulk of the glass crystals impart the essential character to the jewelry piece. The “Men’s Birthstone ID Bracelet” is composed of different components (stainless steel, Swarovski crystals) and is considered a composite good. The 2 Swarovski crystals provide a decorative focal point but the 8” stainless steel links provide the overall visual aesthetic. In the opinion of this office, the quantity, volume, and bulk of the stainless steel base metal links impart the essential character of the jewelry piece. The applicable subheading for the “Dozen Roses Drop Heart Necklace” and the “Men’s Birthstone ID Bracelet” will be 7117.19.9000, 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. The applicable subheading for the “Monthly Floating Crystal Pendant” will be 7117.90.9000, 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 the 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 Dharmendra Lilia at dharmendra.lilia@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division