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NY K85462

May 3, 2004

MAR-2 RR:NC:SP:233 K85462


Ms. Susan Stedeny
Tiffany & Co.
15 Sylvan Way
Parsippany, NJ 07054-3893


Dear Ms. Stedeny:

This is in response to your letter dated April 21, 2004 requesting a ruling on the country of origin marking for imported gold jewelry. A marked sample was not submitted with your letter for review.

Four components of jewelry: a chain, a pendant, a clasp, and a link will be assembled and finished in the United States. The chain will be purchased on a spool or portioned with no defined function. 750 yellow gold chain fabricated in Italy weighing 33 grams, valued at $516.10 will be combined with a 750 yellow gold pendant fabricated in the United States weighing 5.91 grams, valued at $66.50, combined with a 750 yellow gold lobster clasp fabricated in the United States weighing 1.28 grams, valued at $17.30 combined with a 750 yellow gold mended link fabricated in Italy weighing .68 grams, valued at $6.20. You have submitted a diagram with each component of the item and a picture of the finished item.

The country of origin of a product is the country of manufacture, production, or growth or the article. If further work or material is added to an article in another country, there must be a substantial transformation in that country in order to render such other country the country of origin. Combining an Italian-origin gold chain with a United States origin gold pendant, a United States origin gold lobster clasp and an Italian-origin gold link within the United States to form completed jewelry does not substantially transform the foreign-origin items into a product of the United States. As such, the country of origin of the completed jewelry pieces produced under these circumstances is Italy.

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.

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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