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NY L87924





October 5, 2005

CLA-2-71:RR:NC:SP:233 L87924

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.9000; 7323.99.5060

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of Trendy Charms Charm Bracelets in collector tin from China.

Dear Mr. Maher:

In your letter dated September 23, 2005, on behalf of Roseart Industries, you requested a tariff classification ruling.

The submitted sample is identified as style #33075, Trendy Charms Charm Bracelets. The item consists of a reuseable star-shaped collector tin containing 24 metal charms and 1 metal bracelet. The tin is not specially shaped or fitted to hold the charms and bracelet.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.

The Trendy Charms Charm Bracelets in collector tin is not considered to be a set for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore, the contents must be classified separately.

Your sample is being returned as requested.

The applicable subheading for the collector tin will be 7323.99.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen, or other household articles, of iron or steel, not coated or plated with precious metal, of tinplate, other. The duty rate will be Free.

The applicable subheading for the metal charms and metal bracelet 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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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