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NY H82313




June 14, 2001

CLA-2-71:RR:NC:SP:233 H82313

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.90.5500; 7117.90.9000

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Road
Hoffman Estates, IL 60195

RE: The tariff classification of nail gems from India.

Dear Ms. Balice:

In your letter dated May 25, 2001, you requested a ruling on tariff classification.

The submitted sample, Style 60120, is referred to as nail gems. The gems are made of metal and rhinestones with adhesive backing arranged in a flower shape. The gems can be worn on the nails or the skin for adornment.

The applicable subheading for nail gems, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: other: other: valued not over 20 cents per dozen pieces or parts: other. The rate of duty will be 7.2% ad valorem.

The applicable subheading for the nail gems, if valued over 20 cents per dozen pieces or parts, will be 7117.90.9000, HTS, 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.

Articles classifiable under subheadings 7117.90.5500 and 7117.90.9000, HTS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term “GSP.”

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.

Sincerely,

Robert B. Swierupski
Director,

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