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September 2, 1999

CLA-2-71:RR:NC:SP:233 E86506


TARIFF NO.: 7117.19.9000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a chain with pendant in a rose shaped container from China.

Dear Ms. Aldinger:

In your letter dated August 20, 1999, you requested a tariff classification ruling.

The submitted sample, Rite Aid item #992180, is known as “Roses in Bloom.” It is composed of a 10½ inch high flocked rose and a textile covered wire stem. The rose is a 1½ inch high by 1½ wide hinged box that contains a novelty piece of jewelry. The piece of jewelry is a 9 inch gold colored base metal chain with either a solid heart, cut out heart or flower pendant, also made of gold colored base metal. The submitted sample is the solid heart design.

The rose shaped container is properly classified with the jewelry in accordance with General Rule of Interpretation 5.(a) which states: Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

The applicable subheading for the chain with pendant in a rose shaped container 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 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 Lawrence Mushinske at 212-637-7061.


Robert B. Swierupski

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