October 17, 2007 CBP Bulletin Notice on Certain Articles of Semi-Precious Stones
In the October 17, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 43), CBP published a notice revoking two classification rulings and treatment as follows:
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Revocation of rulings; revocation of treatment.CBP is revoking two rulings on the classification of certain articles of semi-precious stones. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after December 16, 2007.
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 issuing HQ H007655 in order to revoke NY N003697 and NY N003975, and reclassify the merchandise in HTS 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 HTS 7117.19.9000 as imitation jewelry of base metal.
CBP makes 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 HTS 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 determines that, by application of GRI 1, the subject articles of jewelry are classifiable under HTS 7116. Specifically, they are classifiable under HTS 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."
new: 7116.20.0500, 3.3%; previous: 7117.19.9000, 11%
(See ITT's Online Archives or 08/02/07 news, 07080250, for BP summary of proposed HQ H007655.)
October 17, 2007, CBP Bulletin (Vol. 41, No. 43) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/