The tariff classification of two necklaces from China.

N304206 May 30, 2019 CLA-2-71:OT:RR:NC:N4:463 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 two necklaces from China. Dear Ms. Melman: In your letter dated May 3, 2019, you requested a tariff classification ruling on two necklaces. Illustrative literature, descriptions and samples were received. Item 1: Style Number 60522568-276 – NK 17IN STONE COLLAR – SLV/Blue MLTI. NECKLACE consists of: 1 zinc casting plated in real silver 1brass lobster clasp plated in real silver 1 steel chain plated in real silver 1 brass extension chain plated in real silver 1 brass ball pin plated in real silver 1 – 20 x 32 mm black acrylic 4 – 23 x 25 mm black acrylic 2 – 13 x 18 mm black acrylic 1 – 20 x 32 mm vinyl Mother of Pearl (MOP) sheet in indicolite color 4 – 23 x 25 mm vinyl MOP sheet in indicolite color 2 – 13 x 18 mm vinyl mop sheet in indicolite color Item #1 consists of a thick 1 strand steel chain of approximately 17 inches, plated in real silver. Seven oval shaped vinyl MOP accent pieces are incorporated into the chain, the largest in the center of the chain, at the bottom, with three of vinyl MOP accent pieces of decreasing size spaced approximately 1 inch apart extending approximately half way up the 17 inch chain. Company provided information in the aggregate indicates that the weight and cost of the metal components exceed that of the vinyl MOP pendants. Item 2: Style Number 60522586-276 - NK 17IN MOTIF PNDNT - SLV/BLUE MLTI. NECKLACE consists of: 1 zinc casting plated in real silver 1 brass lobster clasp plated in real silver 1 steel chain plated in real silver 1 brass Ext chain plated in real silver 1 brass ball pin plated in real silver 1 – 25 x 37 mm black acrylic 1 – 35 x 37 mm vinyl mop sheet in indicolite color Item #2 is a 2-strand steel chain totaling approximately 34 inches, plated in real silver. Suspended from the chain is an oval hoop plated in real silver and within the oval hoop is suspended an oval shaped, vinyl MOP pendant. Company provided information in the aggregate indicates that the weight and cost of the metal components exceed that of the vinyl MOP pendent. 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. Item number 1, style number 60522568-276, and item number 2, style number 60522586-276 are composed of different components (silver plated base metals and plastic) and are considered composite goods. The Explanatory Notes to the Harmonized Tariff Schedule of the United States (HTSUS), GRI 3 (b) (VIII), state: “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. With respect to item number 1, style number 60522568-276, we recognize that the base metal components are neither common nor ordinary and the silver plating adds value to the base metal components and also serves to ornament the necklace. They are the majority of the length of the chain and hold the seven large vinyl MOP accents, contributing to the overall aesthetic of the necklace. However, it is the 7 large-size vinyl MOP accents extending from the base of the necklace to more than half way up the sides that are the visual focus of the necklace and provide its greatest decorative appeal. Accordingly, it is our opinion that the size, volume, bulk and visual appeal of the vinyl MOP accents impart the essential character to the necklace. With respect to item number 2, style number 60522586-276, we note that although the silver plated base metal chain is relatively simple, the silver plated oval hoop pendant is more original and serves to ornament the necklace. However, it is the large vinyl MOP accent suspended within the oval hoop that provides the visual focus to the necklace and its greatest decorative appeal. Accordingly, it is our opinion that it is the size, volume, bulk and visual appeal of the vinyl MOP accent that imparts the essential character to the necklace. The applicable subheading for style number 60522568-276, the “NK 17IN STONE COLLAR – SLV/Blue MLTI. NECKLACE” and style number 60522586-276 “NK 17IN MOTIF PNDNT - SLV/BLUE MLTI. NECKLACE” 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 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 Seth Mazze at seth.mazze@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division