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NY I83846

July 3, 2002

CLA-2-71:RR:NC:SP:233 I83846


TARIFF NO.: 7117.19.9000

Ms. Linda Li
11213 Wedgemere Drive
Trinity, FL 34655

RE: The tariff classification of costume jewelry from Indonesia.

Dear Ms. Li:

In your letter dated June 17, 2002, you requested a tariff classification ruling.

The merchandise to be imported is costume jewelry (earrings, bracelets, pins and necklaces) made of surgical stainless steel, some gold plated, with imbedded Swarovski crystals. A few jewelry items have leather trimmings. You have submitted photocopies of examples of the jewelry.

The applicable subheading for the costume jewelry 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.

Articles classifiable under subheadings 7117.19.9000, HTS, which are products of Indonesia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. However, the GSP has expired September 30, 2001 and has not been extended. Congress may choose to renew GSP retroactively. In that case, the GSP provision cited herein may apply retroactively.

You have also inquired as to whether the jewelry can be sent to another country before being forwarded to the U.S. Under the GSP, eligible articles the growth, product or manufacture of a designated beneficiary developing country (BDC) which are imported directly into the customs territory of the U.S. from a BDC may receive duty-free treatment if the sum of (1) the cost or value of materials produced in the BDC, plus (2) the direct costs of the processing operations performed in the BDC, is equivalent to at least 35% of the appraised value of the article at the time of entry. See 19 U.S.C. 2463(b).

Under 19 C.F.R. §10.175, eligible articles shall be imported directly from a BDC to qualify for treatment under the GSP. For purposes of §§10.171 through 10.178 the words “imported directly” mean:

Direct shipment from the beneficiary country to the United States without passing through the territory of any other country; or

If the shipment is from a beneficiary developing country to the U.S. through the territory of any other country, the merchandise in the shipment does not enter into the commerce of any other country while en route to the U.S., and the invoice, bills of lading, and other shipping documents show the U.S. as the final destination.

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.


Robert B. Swierupski

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