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NY K83538

March 5, 2004

MAR-2 RR:NC:SP:233 K83538


Mr. Cyrus Maybud
Maybud & Cie
Riva Paradiso 16
CH-6900 Lugano Paradiso


Dear Mr. Maybud:

This is in response to your letter dated February 17, 2004, on behalf of Silmar SpA, requesting a ruling on acceptable country of origin markings for imported silver/gold chain. Marked samples were not submitted with your letter for review.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 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 CFR 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 CFR 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.

You have inquired as to whether the following marking reflecting gold/silver content is acceptable: “925ag/14ct” and “925ag/10ct”. To ensure compliance with the National Gold and Silver Stamping Act, which is applicable to gold and silver jewelry, we suggest that you contact the Federal Trade Commission (FTC), 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Customs does not issue rulings or decisions interpreting FTC guidelines.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 646-733-3036.


Robert B. Swierupski

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