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NY N004533

January 9, 2007



TARIFF NO.: 7116.20.1500

Ms. Irina Parker
Avon Products Incorporated
1251 Avenue of the Americas
New York, NY 10020-1196

RE: The tariff classification of earrings from China.

Dear Ms. Parker:

In your letter dated December 4, 2006, you requested a tariff classification ruling.

The merchandise under consideration is PP1042917 Linear Snake Earrings. The earrings will come in two versions: (1) Jade and (2) Coral. You have submitted a sample pair of the Coral version. The earrings consist of base metal fishhooks with five dangles made of base metal chain, football shaped beads made of green aventurine in the Jade color version, or coral color dyed white quartz in the Coral color version, and plastic beads. For classification purposes, aventurine and quartz are considered semiprecious stones. You have provided a cost breakdown with your request.

The subject earrings are composed of different components and each is considered a composite good. Regarding the essential character of the earrings, the Explanatory Notes to GRI 3 (b) (VIII) state that the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the part that imparts the essential character to the composite good. In each case, the semiprecious stones impart the essential character to the good.

Your samples are being returned as requested. The applicable subheading for PP1042917 Linear Snake Earrings will be 7116.20.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or reconstructed): Articles of jewelry: Valued not over $40 per piece.” The rate of duty will be 3.3% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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