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NY F84659




March 27, 2000

CLA-2-71:RR:NC:SP:233 F84659

CATEGORY: CLASSIFICATION

TARIFF NO.: 7102.39.0010; 7102.39.0050

Ms. Katie Wyatt
Global Witness
P.O. Box 6042
London, N19 5WP

RE: The tariff classification of diamonds from South Africa.

Dear Ms. Wyatt:

In your letter dated March 21, 2000, you requested a tariff classification ruling for diamonds. Global Witness is involved with human rights abuses and is looking at the control measures of the diamond industry.

The applicable subheading for diamonds weighing not over 0.5 carat each will be 7102.39.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for diamonds, whether or not worked, but not mounted or set: nonindustrial: other. The rate of duty will be free.

The applicable subheading for diamonds weighing over 0.5 carat each will be 7102.39.0050, HTS, which provides for diamonds, whether or not worked, but not mounted or set: nonindustrial: other. The rate of duty will be free.

The following are in response to your additional inquiries:

Country of origin is determined by where the diamonds are mined or cut, not by the country from which they were last exported. If the country of origin is different than the country of export, both countries must be listed on the paperwork accompanying the diamonds.

The products are not required to be wholly produced in the exporting country.

Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines "country of origin" as the country of manufacture, production or growth of any article of foreign origin entering the U.S.

No special documentation is required regarding the importation of diamonds. Basic Customs documentation and procedures apply.

Each shipment is reviewed by Customs.

Examination instructions

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 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,

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