HQ 953167: "Ringtool"; imitation jewelry; Chapter 71, Note 8(a), 10; GRI 2(a)

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 953167

                        February 3, 1993
                                                               


CLA-2 CO:R:C:M  953167 LTO

CATEGORY:  Classification

TARIFF NO.:  7117.19.50

Mr. Pentti Tervola
Rare Products
3663 Lakewood Road
Lake Worth, Florida 33461

RE:  "Ringtool"; imitation jewelry; Chapter 71, Note 8(a), 10;
     GRI 2(a)

Dear Mr. Tervola:

     This is in response to your letter of November 21, 1992, to
Customs in Miami, Florida, requesting the classification of the
"Ringtool" under the Harmonized Tariff Schedule of the United
States (HTSUS).  Your letter was referred to this office for a
response.

FACTS:

     The article in question is called the "Ringtool," a
stainless steel finger ring.  The ring has a magnet at the top
center, the tips of a Phillips head screwdriver and flat head
screwdriver on either side, and a claw or line/thread cutter at
the bottom.  You indicate that the ring has over 101 uses.  You
have submitted samples of a "raw casted" ring and a finished
ring.

ISSUE:

     Whether the Ringtool is classifiable as imitation jewelry
under Heading 7117, HTSUS.

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1
states in pertinent part that "for legal purposes, classification
                              - 2 -

shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."  Heading 7117,
HTSUS, provides for "[i]mitation jewelry."  

     Note 8(a) to Chapter 71 states that the expression articles
of jewelry means "[a]ny small objects of personal adornment (gem-
set or not) (for example, rings . . .)."  Note 10 to Chapter 71
states that the expression imitation jewelry means "articles of
jewelry within the meaning of paragraph (a) of Note 8 above 
. . ., not incorporating natural or cultured pearls, precious or
semiprecious stones (natural, synthetic or reconstructed) nor
(except as plating or as minor constituents) precious metal or
metal clad with precious metal."

     The Ringtool is an "article of jewelry" according to the
above chapter note.  Further, because it does not incorporate
pearls, precious or semiprecious stones, nor precious metal or
metal clad with precious metal, the Ringtool is an article of
"imitation jewelry."

     GRI 2(a) states that "[a]ny reference to an article shall be
taken to include a reference to that article incomplete or
unfinished, provided that, as entered, the incomplete or
unfinished article has the essential character of the complete or
finished article."  The "raw casted" ring, which has the exact
shape of the finished ring, only must be polished to form the
finished product.  The unfinished ring has the essential
character of the finished article, and therefore, both are
classifiable under the same provision.

HOLDING:

     The Ringtool is classifiable under subheading 7117.19.50,
HTSUS, which provides for "[i]mitation jewelry . . . [o]f base
metal, whether or not plated with precious metal . . . [o]ther 
. . . [o]ther."  The corresponding rate of duty for articles of
this subheading is 11% ad valorem. 

                              Sincerely,




                              John Durant, Director