The tariff classification of a necklace from China.

N305421 August 14, 2019 CLA-2-71:OT:RR:NC:N4:463 CATEGORY: Classification TARIFF NO.: 7117.19.9000 Amanda Spannuth Classification Specialist, LCB Chico’s FAS, Inc. 11215 Metro Parkway, Building 6 Fort Myers, FL 33966 RE: The tariff classification of a necklace from China. Dear Ms. Spannuth: In your letter dated July 9, 2019, you requested a tariff classification ruling. A description and sample were received. Style number 430-19C79333 consists of: 14 round zinc beads 9 tube zinc beads 4” extender chain 4 zinc pendants, 2 containing a brass adornment 2 magnesite beads 30” suede cord necklace 5 suede cord tassels In your submission, you state that magnesite is considered a gem on geology.com. This office disagrees that magnesite is considered a precious or semi-precious gemstone classified in heading 7116, Harmonized Tariff Schedule of the United States (HTSUS). In order to determine the proper classification of magnesite, we must first determine whether the subject article is identifiable as a precious or semi-precious stone for tariff purposes. In understanding the language of the HTSUS, the Explanatory Notes (ENs) may be consulted. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of the HTSUS. General EN 3 to Section XIV states, in pertinent part, that Chapter 71 includes “in general, articles made wholly or partly of natural or cultured pearls, diamonds or other precious or semi-precious stones (natural, synthetic or reconstructed), precious metals or metal clad with precious metal.” EN Annex to Section XIV does not include magnesite in the list of precious or semi-precious stones. 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 necklace is a composite good of zinc, brass, suede, and magnesite. The base metal components provide the visual appeal to the necklace while the suede and two magnesite beads enhance the design. As such, it is the opinion of this office that size, volume, and bulk of the base metal components (beads and pendants) impart the essential character to the necklace. The applicable subheading for style number 430-19C79333, 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 necklace falls within the broad definition of Native American-style jewelry in 19 Code of Federal Regulations (CFR) 134.43(c).  As such, it must be indelibly marked with the country of origin by cutting, die-sinking, engraving, stamping, or some other permanent method.  The marking must appear legibly on the clasp or in some other conspicuous location, or alternatively, on a metal or plastic tag attached to the article. 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