This is Example 4 of grounds for an appeal that I prepared, to challenge CBP’s official answer, for an examinee who passed on appeal.

OCTOBER 2019 Test. Question 41

  1. What is the CLASSIFICATION of a zinc bracelet plated in 18-karat gold that is set with 3 glass stones measuring 5 millimeters (mm), 10 imitation plastic gemstones measuring 7mm, and 2 Cubic Zirconia (CZ), semiprecious gemstones measuring 1.5mm?

A. 7113.19.5090
B. 7116.20.0500
C. 7117.19.9000
D. 7117.90.7500
E. 7117.90.9000

CBP’s answer is B. HTSUS 7116.20.0500 Chapter 71 Note 1(a), 7 and note 11

Grounds for appeal: 7116 is Articles of natural or cultured pearls, precious or semiprecious stones (natural, synthetic or reconstructed).

This is not an article of pearls or semiprecious stones but is a bracelet of base metal (zinc) plated with 18 karat gold and set with glass, imitation plastic and semiprecious gemstones.

7116.20 Of precious or semiprecious stones (natural, synthetic or reconstructed):

7116.20 Articles of jewelry:

7116.20.05 00 Valued not over $40 per piece.

There is no information in the question about the value of the piece. Therefore, the information is insufficient to classify this item as an article of jewelry valued at not over $40 per piece. It is not possible to choose answer choice B without this missing information.

Heading 7117 includes Imitation jewelry. Chapter Note 11 states that for the purposes of heading 7117, the expression “imitation jewelry” means articles of jewelry within the meaning of paragraph (a) of note 9 (but not including buttons or other articles of heading 9606, or dress combs, hair slides or the like, or hairpins, of heading 9615), 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.

Chapter Note 9 states that for the purposes of heading 7113, the expression “articles of jewelry” means:

(a) Any small objects of personal adornment (for example, rings, bracelets, necklaces, brooches, earrings, watch chains, fobs, pendants, tie pins, cuff links, dress studs, religious or other medals and insignia);

Here the zinc bracelet is plated in 18-karat gold that is set with 3 glass stones measuring 5 millimeters (mm), 10 imitation plastic gemstones measuring 7mm, and 2 Cubic Zirconia (CZ), semiprecious gemstones measuring 1.5mm. Since the article contains semiprecious gemstones, it does not meet the definition of imitation jewelry due to which it cannot be classified under heading 7117.

7113 is Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal

7113.19 classifies Articles of jewelry of other precious metal, whether or not plated or clad with precious metal: Here it is made of a base metal zinc, not a precious metal, so 7113.19 is not appropriate.

7113.20 Of base metal clad with precious metal: This heading appears more appropriate since the article is made of a base metal zinc clad with 18 karat gold. However, this option is not one of the answers. Since none of the answers are correct and the information provided in the question is insufficient to classify this item correctly, this question should be discarded, and credit given to all candidates.

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