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NY H87019





January 9, 2002

CLA-2-71:RR:NC:SP:233 H87019

CATEGORY: CLASSIFICATION

TARIFF NO.: 7113.19.2100; 7113.19.2900

Mr. Cyrus Maybud
Maybud & Cie
Rte de Ch├ęsopelloz 10
1782 Belfaux
Fribourg, Switzerland

RE: The tariff classification of 14 kt gold necklaces from South Africa.

Dear Mr. Maybud:

In your letter dated December 14, 2001, on behalf of Silmar Jewellery Manufacture & Exporters (Pty) Ltd., you requested a tariff classification ruling.

The merchandise to be imported consists of 14 kt gold necklaces with clasps. The necklaces will be made of various types of links, except mixed links.

The applicable subheading for the 14 kt gold necklaces, if made with rope links, will be 7113.19.2100, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: of precious metal whether or not plated or clad with precious metal: of other precious metal, whether or not plated or clad with precious metal: other: necklaces and neck chains, of gold: rope. The rate of duty will be 5% ad valorem.

The applicable subheading for the 14 kt gold necklaces, if made with other than rope or mixed links, will be 7113.19.2900, HTS, which provides for articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: of precious metal whether or not plated or clad with precious metal: of other precious metal, whether or not plated or clad with precious metal: other: necklaces and neck chains, of gold: other. The rate of duty will be 5.5% ad valorem.

Articles classifiable under subheadings 7113.19.2100 and 7113.19.2900, HTS, which are products of South Africa, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. Although the GSP expired September 30, 2001, the program did not expire for the African Growth and Opportunity Act (AGOA) beneficiary countries, which includes South Africa.

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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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