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NY D80804

August 5, 1998

CLA-2-71:RR:NC:SP:233 D80804


TARIFF NO.: 7113.19.5000; 7117.19.9000

Mr. Dennis Flyer

Eden Jewelry Company, Inc.

212 Highlawn Avenue

Brooklyn, NY 11223

RE: The tariff classification and marking of a pearl pendant on a neck chain from Korea.

Dear Mr. Flyer:

In your letter dated July 28, 1998, you requested a tariff classification ruling.

The item to be imported consists of a pearl pendant on a neck chain. The chain is secured by means of an "A"-Bar and a spring ring.

The applicable subheading for the pearl pendant on a neck chain will be, if the chain is made of precious metal, 7113.19.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal. The rate of duty will be 5.7% ad valorem. If the chain is made of base metal, the applicable subheading will be 7117.19.9000, HTS, which provides for imitation jewelry: of base metal, whether or not plated with precious metal: other: other: other. The rate of duty will be 11% ad valorem.

You have inquired about the country of origin marking requirements for the neck chains.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that every article of foreign origin (or its container) imported into the United States 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, with certain exceptions.

As provided in section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. §134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 C.F.R. §134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Based on the drawing which accompanied your letter, it is not possible to determine whether the marking you propose would be an acceptable country of origin marking. Please submit a sample of the article in order for us to determine whether the marking would be acceptable.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 212-466-5739.


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