HQ 086071: Copper bracelets

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 086071

                                   March 14, 1990



          CLA-2:CO:R:C:G  086071  SR

          CATEGORY:  Classification

          TARIFF NO.:  7113.20.50; 7117.90.40; 7117.90.50

          Mr. Robert Neill
          Soaring Equipment Limited
          193, Russell Road
          Moseley,
          Birmingham B13 8RR

          RE: Copper bracelets

          Dear Mr. Neill:

               This is in reference to your letter dated December 4, 1989,
          requesting the tariff classification of copper bracelets under
          the Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Neither samples nor country of origin information were
          provided.

          FACTS:

               The merchandise at issue consists of wrist bracelets made
          from copper.  The bracelets can be plain or patterned.  Some of
          the bracelets are gold or silver plated.

          ISSUE:

               What is the tariff classification of the copper bracelets at
          issue?

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is governed by 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 7113, HTSUSA, provides for articles of jewelry and parts
          thereof, of precious metal or of metal clad with precious metal.  

















                                         -2-

               The Explanatory Notes constitute the official interpretation
          of the tariff at the international level.  The Explanatory Notes
          to heading 7113, HTSUSA, state that this heading covers articles
          of jewelry as defined in Note 8 to the chapter, wholly or partly
          of precious metal or metal clad with precious metal that is a
          small object of personal adornment such as a bracelet; if it is
          precious metal or metal clad with precious metal (including base
          metal inlaid with precious metal) to an extent exceeding minor
          constituents.  Additional U.S. Note 1 to Section XV states that
          for the purposes of the tariff schedule, the term "base metals"
          embraces . . . copper . . .  The Chapter Note 8 definition of
          "articles of jewelry", includes small objects of personal
          adornment such as bracelets.

               The bracelets that are gold or silver plated would fall
          under heading 7113, HTSUSA.  If any of the copper bracelets are
          not plated with precious metals they would be classified under
          heading 7117, HTSUSA, which provides for imitation jewelry.

          HOLDING:

               The copper bracelets at issue that are gold or silver plated
          are classifiable under subheading 7113.20.50, HTSUSA, which
          provides for articles of jewelry and parts thereof, of precious
          metal or of metal clad with precious metal, of base metal clad
          with precious metal, other, other.  The rate of duty is 6.5
          percent ad valorem under the General duty rate column.

               The copper bracelets that are not plated with gold or silver
          are classifiable under subheading 7117.90.40, HTSUSA, if they are
          valued not over 20 cents per dozen pieces or parts, as imitation
          jewelry, other, other, valued not over 20 cents per dozen pieces
          or parts.  The rate of duty is 7.2 percent ad valorem under the
          General duty rate column.  If they are not plated with precious
          metals and are valued over 20 cents per dozen pieces or parts,
          then they are classifiable under subheading 7117.90.50, HTSUSA,
          which provides for imitation jewelry, other, other, valued over
          20 cents per dozen pieces or parts.  The rate of duty is 11
          percent ad valorem under the General duty rate column.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division

















          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference