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NY L88051

October 17, 2005

CLA-2-71:RR:NC:SP:233 L88051


TARIFF NO.: 7117.90.7500

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

RE: The tariff classification of a Crystal Art Jewelry Set from China.

Dear Mr. Maher:

In your letter dated September 30, 2005, on behalf of Roseart Industries, you requested a tariff classification ruling.

The submitted sample is identified as style #5609 Crystal Art Jewelry Set. The item is composed of 1 Crystal Charm Bracelet, 1 Crystal Heart Pin, 2 Crystal Hair Clips, and 1 Crystal Ring, all made of plastic, and 3 Brush Tip Markers packaged together in a window display cardboard box. The markers are used to color the “gems” on the bracelet, pin, hair clips and ring. We assume that the Crystal Art Jewelry Set is valued at over 20 cents per dozen pieces or parts.

Your sample is being returned as requested.

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. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The Crystal Art Jewelry Set is a set for tariff classification purposes, with the essential character imparted by the plastic jewelry.

The applicable subheading for style #5609 Crystal Art Jewelry Set will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts: Other: Of plastics.” The rate of duty will be Free.

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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