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NY 812839

July 20, 1995

CLA-2-71:S:N:N6:344 812839


TARIFF NO.: 7117.19.9000

Ms. Annie Sanzano
U.S. Import & Promotions Co.
Financial Federal Building
407 Lincoln Road - Suite 12-D
Miami Beach, FL 33139
RE: The tariff classification of base metal novelty jewelry from China and Taiwan.

Dear Ms. Sanzano:

In your letter dated July 14, 1995, you requested a tariff classification ruling.

You have submitted three samples with your request. They are:

1. A battery operated flashing novelty "Blinkie" Halloween lapel pin. 2. A battery operated flashing novelty "Blinkie" Christmas lapel pin. 3. A pair of novelty Christmas earrings.

The "Blinkie" Halloween and Christmas lapel pins are a scarecrow with a pumpkin face and a snowman with a Christmas wreath, respectively. Both pins are made of metal. A miniature copper circuit board with three metal posts is glued to the back of the pin. The three posts are inserted into a circular 1 1/8" x 1/4" acrylic battery compartment. The battery compartment holds two silver oxide button cells and three pierced earring backs which hold the posts in place. The posts can be inserted into two positions - "on" and "off. " When the posts are inserted into the on position the scarecrow and snowman's eyes blink on and off.

The Christmas earrings consist of a red and green bow which is attached to a metal "jingle" bell. The earrings are designed for use with pierced ears. The essential character of the earrings is derived from the metal "jingle" bell.

The applicable subheading for the lapel pins and the earrings described above will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS), 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


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