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NY 811826

June 28, 1995

CLA-2-71:S:N:N6:344 811826


TARIFF NO.: 7117.19.9000; 3923.90.0000

Mr. Robert Gardenier
M.E. Dey & Co.
5007 South Howell Avenue
P.O. Box 37165
Milwaukee, Wisconsin 53237-0165

RE: The tariff classification of a gold-plated base metal neck chain and locket imported in a plastic molded packaging tray from Hong Kong.

Dear Mr. Gardenier:

In your letter dated June 12, 1995, on behalf of CreaNativity, Mequon, Wisconsin, you requested a tariff classification and country of origin marking ruling.

The submitted sample is a base metal 23 karat gold-plated neck chain and heart-shaped locket. The necklace and locket will be imported in a plastic molded packaging tray. A heart-shaped chocolate will be inserted into the tray in the U.S. The tray would then be wrapped with a decorative plastic covering and an appropriate holiday greeting.

The applicable subheading for the gold-plated base metal neck chain and locket will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Imitation jewelry: Of base metal, whether or not plated with precious metal: Other. The rate of duty will be 11% ad valorem.

The applicable subheading for the plastic molded packaging tray will be 3923.90.0000, HTS, which provides for Articles for the conveyance or packing of goods, of plastics, other. The rate of duty will be 3% ad valorem.

You have also asked for a ruling on U.S. Customs marking requirements.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Both the necklace and the plastic tray must be marked with their country of origin. A hang tag may be used to mark the necklace and a stick on label or indelible ink stamp may be used to mark the plastic tray.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


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