7112.99

1. Subject to note 1(a) to section VI and except as provided below, all articles consisting wholly or partly:

(a) Of natural or cultured pearls or of precious or semiprecious stones (natural, synthetic or reconstructed), or

(b) Of precious metal or of metal clad with precious metal, are to be classified in this chapter.

2. (a) Headings 7113, 7114 and 7115 do not cover articles in which precious metal or metal clad with precious metal is present as minor constituents only, such as minor fittings or minor ornamentation (for example, monograms, ferrules and rims), and paragraph (b) of the foregoing note does not apply to such articles.

(b) Heading 7116 does not cover articles containing precious metal or metal clad with precious metal (other than as minor constituents).

3. This chapter does not cover:

(a) Amalgams of precious metal or colloidal precious metal (heading 2843);

(b) Sterile surgical suture materials, dental fillings or other goods of chapter 30;

(c) Goods of chapter 32 (for example, lustres);

(d) Supported catalysts (heading 3815);

(e) Articles of heading 4202 or 4203 referred to in note 3(B) to chapter 42;

(f) Articles of heading 4303 or 4304;

(g) Goods of section XI (textiles and textile articles);

(h) Footwear, headgear or other articles of chapter 64 or 65;

(ij) Umbrellas, walking-sticks or other articles of chapter 66;

(k) Abrasive goods of heading 6804 or 6805 or chapter 82, containing dust or powder of precious or semiprecious stones (natural or synthetic); articles of chapter 82 with a working part of precious or semiprecious stones (natural, synthetic or reconstructed); machinery, mechanical appliances or electrical goods, or parts thereof, of section XVI. However, articles and parts thereof, wholly of precious or semiprecious stones (natural, synthetic or reconstructed) remain classified in this chapter, except unmounted worked sapphires and diamonds for styli (heading 8522);

(l) Articles of chapter 90, 91 or 92 (scientific instruments, clocks and watches, musical instruments);

(m) Arms or parts thereof (chapter 93);

(n) Articles covered by note 2 to chapter 95;

(o) Articles classified in chapter 96 by virtue of note 4 to that chapter; or

(p) Original sculptures or statuary (heading 9703), collectors' pieces (heading 9705) or antiques of an age exceeding one hundred years (heading 9706), other than natural or cultured pearls or precious or semiprecious stones.

4. (a) The expression "precious metal" means silver, gold and platinum.

(b) The expression "platinum" means platinum, iridium, osmium, palladium, rhodium and ruthenium. Notes (con.)

(c) The expression "precious or semiprecious stones" does not include any of the substances specified in note 2(b) to chapter 96.

5. For the purposes of this chapter, any alloy (including a sintered mixture and an inter-metallic compound) containing precious metal is to be treated as an alloy of precious metal if any one precious metal constitutes as much as 2 percent, by weight, of the alloy. Alloys of precious metal are to be classified according to the following rules:

(a) An alloy containing 2 percent or more, by weight, of platinum is to be treated as an alloy of platinum;

(b) An alloy containing 2 percent or more, by weight, of gold but no platinum, or less than 2 percent, by weight, of platinum, is to be treated as an alloy of gold;

(c) Other alloys containing 2 percent or more, by weight, of silver are to be treated as alloys of silver.

6. Except where the context otherwise requires, any reference in the tariff schedule to precious metal or to any particular precious metal includes a reference to alloys treated as alloys of precious metal or of the particular metal in accordance with the rules in note 5 above, but not to metal clad with precious metal or to base metal or non-metals plated with precious metal.

7. Throughout the tariff schedule the expression "metal clad with precious metal" means material made with a base of metal upon one or more surfaces of which there is affixed by soldering, brazing, welding, hot-rolling or similar mechanical means a covering of precious metal. Except where the context otherwise requires, the expression also covers base metal inlaid with precious metal.

8. Subject to note 1(a) to section VI, goods answering to a description in heading 7112 are to be classified in that heading and in no other heading of the tariff schedule.

9. 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); and

(b) Articles of personal use of a kind normally carried in the pocket, in the handbag or on the person (for example, cigar or cigarette cases, snuff boxes, cachou or pill boxes, powder boxes, chain purses or prayer beads).

These articles may be combined or set, for example, with natural or cultured pearls, precious or semiprecious stones, synthetic or reconstructed precious or semiprecious stones, tortoise shell, mother-of-pearl, ivory, natural or reconstituted amber, jet or coral.

10. For the purposes of heading 7114, the expression "articles of goldsmiths' or silversmiths' wares" includes such articles as ornaments, tableware, toilet-ware, smokers' articles and other articles of household, office or religious use.

11. For the purposes of heading 7117, the expression "imitation jewelry" means articles of jewelry within the meaning of paragraph

(a) of note 9 above (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.

1. For the purposes of subheadings 7106.10, 7108.11, 7110.11, 7110.21, 7110.31 and 7110.41, the expressions "powder" and "in powder form" mean products of which 90 percent or more by weight passes through a sieve having a mesh aperture of 0.5 mm.

2. Notwithstanding the provisions of note 4(b), for the purposes of subheadings 7110.11 and 7110.19, the expression "platinum" does not include iridium, osmium, palladium, rhodium or ruthenium.

3. For the classification of alloys in the subheadings of heading 7110, each alloy is to be classified with that metal, platinum, palladium, rhodium, iridium, osmium or ruthenium, which predominates by weight over each other of these metals.

1. For the purposes of subchapter II, unless the context otherwise requires:

(a) The term "unwrought" refers to metals, whether or not refined, in the form of ingots, blocks, lumps, billets, cakes, slabs, pigs, cathodes, anodes, briquettes, cubes, sticks, grains, sponge, pellets, shot and similar manufactured primary forms, but does not cover rolled, forged, drawn or extruded products, tubular products or cast or sintered forms which have been machined or processed otherwise than by simple trimming, scalping or descaling;

(b) The term "semimanufactured" refers to wrought metal products in the form of bars, rods, sections, plates, sheets, strips, wire, tubes, pipes and hollow bars, and to powder (other than primary metals in powder form);

(c) The term "waste and scrap" refers to materials and articles which are second-hand or waste or refuse, or are obsolete, defective or damaged, and which are fit only for the recovery of the metal content or for use in the manufacture of chemicals. It includes residues and ashes of a kind used principally for the recovery of precious metals, but does not include metals in unwrought form or metal-bearing materials provided for in heading 2616.

2. Coin provided for in heading 7118 which is currently in circulation in any country and is imported for monetary purposes shall be admitted without formal customs consumption entry or the payment of duty. This does not affect any requirements under other provisions of law to the effect that transfers of coin into or through the United States, in an amount exceeding $10,000 on any one occasion, shall be reported as described therein.

3. (a) Notwithstanding any provision in additional U.S. note 5 to chapter 91, any article of jewelry provided for in heading 7113 which is the product of the Virgin Islands, Guam, or American Samoa (including any such article which contains any foreign component) shall be eligible for the benefits provided in paragraph (h) of additional U.S. note 5 to chapter 91, subject to the provisions and limitations of that note and of paragraphs (b), (c), and (d) of this note.

(b) Notwithstanding additional U.S. Note 5(h)(ii)(B) to chapter 91, articles of jewelry subject to this note shall be subject to a limitation of 10,000,000 units.

(c) Nothing in this note shall result in an increase or a decrease in the aggregate amount referred to in paragraph (h)(iii) of, or the quantitative limitation otherwise established pursuant to the requirements of, additional U.S. note 5 to chapter 91.

(d) Nothing in this note shall be construed to permit a reduction in the amount available to watch producers under paragraph (h)(iv) of additional U.S. note 5 to chapter 91.

(e) The Secretary of Commerce and the Secretary of the Interior shall issue such regulations, not inconsistent with the provisions of this note and additional U.S. note 5 to chapter 91, as the Secretaries determine necessary to carry out their respective duties under this note. Such regulations shall not be inconsistent with substantial transformation requirements but may define the circumstances under which articles of jewelry shall be deemed to be ‘units’ for purposes of the benefits, provisions, and limitations of additional U.S. note 5 to chapter 91.

(f) Notwithstanding any other provision of law, any article of jewelry provided for in Heading 7113 that is assembled in the Virgin Islands, Guam, or American Samoa by a jewelry manufacturer or jewelry assembler that commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa after August 9, 2001, shall be treated as a product of the Virgin Islands, Guam, or American Samoa for purposes of this note and General Note 3(a)(iv) of this Schedule if such article is entered no later than 18 months after such jewelry manufacturer or jewelry assembler commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa.

1. For the purposes of subheading 7113.19.50, the expression “ISO standard platinum” means platinum meeting the International Organization for Standardization’s standard for platinum containing at least 85 percent pure platinum or at least 50 percent pure platinum with a combined content of at least 95 percent platinum group metals iridium, osmium, palladium, rhodium, or ruthenium.

2. For the purposes of reporting under statistical numbers 7113.19.5021 through 7113.19.5091, each piece is individually counted. For example, a pair of earrings is counted as two pieces and a necklace and its pendant are counted as one piece.