July 25, 2007 CBP Bulletin Notice on Certain Articles of Semi-Precious Stones
In the July 25, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 31), CBP published a notice proposing to revoke two classification rulings and treatment as follows:
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Proposed revocation of rulings; proposed revocation of treatment. CBP is proposing to revoke two rulings on the classification of certain articles of semi-precious stones. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling revocations, or any party involved with a substantially identical transaction, should advise CBP by August 24, 2007, the date that written comments on the proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Articles of semi-precious stones. The merchandise at issue is described as follows: Style ULRU0090 is a necklace made of base metal leaf and chain with one tiger's eye stone. Style UKRU0091 is a necklace made of a base metal circular pendant with wood, plastic and intermittent gold tone plastic beads with one tiger's eye stone, strung on textile thread. Style UKRU0129 is a necklace made of a base metal circular pendant and beads strung on a leather cord with one tiger's eye bead. Style A9-1109-CD-8 is a bracelet with a base metal chain, large glass stones, mini gold tone plastic beads and one cubic zirconium stone on the tail chain. Style A9-1109-CD-5 is a necklace with a base metal chain and pendant, one large glass pendant and one cubic zirconium stone on the tail chain. All are valued less than $40 each.
CBP is proposing to issue HQ H007655 in order to revoke NY N003697 and NY N003975, and reclassify the merchandise in subheading 7116.20.0500 as: "Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or (reconstructed): Articles of jewelry: Valued not over $40 per piece," rather than in subheading 7117.19.9000 as imitation jewelry of base metal.
CBP proposes this change based on the HTS Chapter Notes and the Explanatory Notes (ENs). Chapter 71, Note 11 provides, in pertinent part: "For the purposes of heading 7117, the expression "imitation jewelry" means articles of jewelry ... not incorporating natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed)." The EN to heading 7117 reiterates this position, and provides in pertinent part: "For the purposes of this heading, the expression imitation jewelry does not incorporate precious metal or metal clad with precious metal, nor natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed)."
Therefore, CBP now proposes that, by application of GRI 1, the subject articles of jewelry are classifiable under heading 7116. Specifically, they are classifiable under subheading 7116.20.0500, which provides for: "Articles of natural or cultured pearls, precious or semi-precious stones (natural, synthetic or reconstructed): Of precious or semiprecious stones (natural, synthetic or (reconstructed): Articles of jewelry: Valued not over $40 per piece."
proposed: 7116.20.0500, 3.3%; current: 7117.19.9000, 11%
July 25, 2007 CBP Bulletin (Vol. 41, No.31) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/