HQ 086104: Semiprecious stone beads; revocation of HRL 082569, dated November 17, 1989

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 086104

                                  December 18, 1989


          CLA-2 CO:R:C:G  086104 DRR

          CATEGORY:  Classification

          TARIFF NO.:  7116.20.2000

          M. J.L. de la Fuente
          Americas-Far East Connections, Inc.
          P.O. Box 440
          Mt. Arlington, New Jersey 07856

          Re:  Semiprecious stone beads; revocation of HRL 082569, dated
               November 17, 1989

          Dear Mr. or Ms. de la Fuente:

               This is in further response to your letter dated April 4,
          1988, requesting the classification of various semiprecious stone
          beads under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  In a decision letter dated November 17,
          1989, Headquarters Ruling Letter (HRL) 082569, the stone beads
          were classified under subheading 9902.71.16, HTSUSA.  We
          subsequently learned that we were erroneously informed that
          Subchapter II of Chapter 99 had been amended to create subheading
          9902.71.16, HTSUSA.  Since subheading 9902.71.16, HTSUSA, does
          not exist, HRL 082569 must be revoked.

          FACTS:

               The merchandise at issue consists of temporarily strung,
          graded, semiprecious stone beads which will be used in the
          manufacture of jewelry in the United States.  The beads are
          amethyst, black onyx, coral, hematite, jade, leopard skin jasper,
          red flower/puppy jasper, lapis, malachite, rose quartz, tiger
          eye, and white agate.  The beads are temporarily strung on a 16
          inch strand without a clasp.  They will be imported from Hong
          Kong and Taiwan.

          ISSUE:

               Whether the semiprecious stones at issue are classifiable
          under subheading 7103.99.1000, HTSUSA, or 7116.20.2000, HTSUSA.

















                                         -2-


          LAW AND ANALYSIS:

               Classification of merchandise is in accordance with the
          General Rules of Interpretation (GRI), taken in order.  GRI 1
          provides that classification shall be determined according to the
          terms of the headings and any relative section or chapter notes.

               Heading 7103, HTSUSA, provides for precious stones (other
          than diamonds) and semiprecious stones, whether or not worked or
          graded but not strung, mounted or set; ungraded precious stones
          (other than diamonds) and semiprecious stones, temporarily strung
          for convenience of transport.  Subheading 7116.20.2000, HTSUSA,
          provides for articles of semiprecious stones (natural, synthetic
          or reconstructed), other, of semiprecious stones.

               The Explanatory Notes to the HTSUSA may be consulted for
          guidance as to the correct interpretation of the various HTSUSA
          provisions.  The Explanatory Notes for subheading 7103 state that
          "The stones of this heading may be strung for convenience of
          transport, provided this method of assembly is temporary and that
          the stones have not been graded and are not directly suitable for
          use as jewelry."  In light of the fact that the stones at issue
          are graded, they are excluded from this heading.

          HOLDING:

               The stones at issue are classifiable under subheading
          7116.20.2000, HTSUSA, as articles of semiprecious stones (except
          rock crystal), with a duty rate of 21 percent ad valorem.

               HRL 082569 is hereby revoked in accordance with the
          foregoing.

                                        Sincerely,




                                  John Durant, Director
                                  Commercial Rulings Division





















          6 cc: A.D., Dir., N.Y. Seaport
          rimmer library/peh
          name 086104