HQ 955614: "Good Vibes Crystal: Rainbow Maker"; HRL 952104; Additional U.S. Note 5, Chapter 70; imitation precious or semiprecious stones

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 955614

                          March 24, 1994

CLA-2 CO:R:C:M 955614 KCC

CATEGORY:  Classification

TARIFF NO.:  7018.10.20

Mr. David Kennedy
W.Y. Moberly, Inc.
Box 164
Sweetgrass, Montana  59484

RE:  "Good Vibes Crystal: Rainbow Maker"; HRL 952104; Additional
     U.S. Note 5, Chapter 70; imitation precious or semiprecious
     stones

Dear Mr. Kennedy:

     This is in response to your letter dated December 6, 1993,
to Customs in New York, on behalf of Jupiter Crystal
Collectibles, concerning the tariff classification of "Good Vibes
Crystal: Rainbow Maker" under the Harmonized Tariff Schedule of
the United States (HTSUS).  Your letter, together with the
samples submitted for our examination, was referred to this
office for a response.  Your request for the country of origin
marking will be addressed in a separate response from the Value
and Marking Branch of this Office.

FACTS:

     The "Good Vibes Crystal: Rainbow Maker" (crystal products)
are in the shape of various ornaments, i.e., ball, drop, and
pendant.  You describe the crystal products as being made from
32% full leaded Austrian crystal, which is cut and drilled in
Austria.  In Canada, nylon line is strung through the drilled
hole and it is packaged for sale.  

ISSUE:

     What is the tariff classification of the "Good Vibes
Crystal: Rainbow Maker" under the HTSUS?

LAW AND ANALYSIS:

     The classification of merchandise under the HTSUS is
governed by the General Rules of Interpretation (GRI's).  GRI 1,
HTSUS, states, in part, that "for legal purposes, classification
shall be determined according to terms of the headings and any
relative section or chapter notes...."

     In Headquarters Ruling Letter (HRL) 952104 dated July 13,
1993, glass products with holes drilled into their tops and in
the shapes of a drop, ball, star, heart, ring, etc., were
classified under subheading 7018.10.20, HTSUS, which provides
for:

     Glass beads, imitation pearls, imitation precious or
     semiprecious stones and similar glass smallwares and
     articles thereof other than imitation jewelry; glass eyes
     other than prosthetic articles; statuettes and other
     ornaments of lamp-worked glass, other than imitation
     jewelry; glass microspheres not exceeding 1 mm in
     diameter...Glass beads, imitation pearls, imitation precious
     or semiprecious stones and similar glass
     smallwares...Imitation precious or semiprecious stones
     (except imitation beads thereof).

     Classification of the glass products in HRL 952104 under
subheading 7019.10.20, HTSUS, was based on Additional U.S. Note
5, Chapter 70, HTSUS, which states:

     For the purposes of subheading 7018.10.20, the term
     "imitation precious or semiprecious stones" means glass made
     into shapes suitable for use in jewelry or for other
     ornamental purposes in a manner similar to natural
     gemstones, whether or not in imitation thereof, but does not
     include natural gemstones, synthetic gemstones,
     reconstructed gemstones or imitation pearls.

     We are of the opinion that the crystal products meet the
definition of "imitation precious or semiprecious stones" in
Additional U.S. Note 5, Chapter 70, HTSUS.  The crystal products
are "glass made into shapes suitable for use in jewelry or for
other ornamental purposes."  Therefore, the crystal products are
classified under subheading 7018.10.20, HTSUS, as imitation
precious or semiprecious stones (except imitation beads thereof).

HOLDING:

     The "Good Vibes Crystal: Rainbow Maker" products are
classified under subheading 7018.10.20, HTSUS, as imitation
precious or semiprecious stones, which is dutiable at the Column
1 rate of 2.8% ad valorem.  

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division