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NY 889997

September 23, 1993

CLA-2-71:S:N:N8:344 889997


TARIFF NO.: 7117.90.5000

Mr. Jesse A. Ward
Andean Treasures
93 Ebbitts Street
Staten Island, NY 10306

RE: The tariff classification and country of origin marking of handcrafted clay earrings from Ecuador.

Dear Mr. Ward:

In your letter dated August 30, 1993, you requested a tariff classification ruling and guidance regarding country of origin marking requirements.

The submitted sample is a pair of dangle earrings in the shape of owls. The earrings are handcrafted out of cornstarch-based clay and have base metal ear wires.

The applicable subheading for the clay earrings will be 7117.90.5000, Tariff Schedule of the United States (HTS), which provides for Imitation jewelry: Other: Other: Valued over 20 cents per dozen pieces or parts.The duty rate will be 11% ad valorem.

Articles classifiable under subheading 7117.90.5000, HTS, which are products of Ecuador are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

You have also requested advice concerning the appropriate country of origin marking requirements for these earrings. You state in your letter that marking the earrings prior to importation would result in their damage and would also be economically prohibitive. Your intention is to mark the earrings "Made in Ecuador" after arrival in the United States.

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, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

It is suggested that hangtags be used to mark the earrings as this method would not result in their damage nor would this simple procedure be economically prohibitive. If you disagree, a letter justifying your position would have to be submitted at the time of entry to the District Director of the port. This letter would be required for each shipment.

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.


Jean F. Maguire
Area Director

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