NY 0865976 - The tariff classification of a copper/silver bracelet from Peru. - United States International Trade Commision Rulings

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NY 865976
August 16, 1991

CLA-2-71:S:N:N3G:344 865976

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.5000

Mr. Rodrigo Vera
Westhem International Trading Company
4831 Hutchins Place, NW
Washington, DC 20007-1529

RE: The tariff classification of a copper/silver bracelet from Peru.

Dear Mr. Vera:

In your letter of August 5, 1991, you asked for a tariff classification ruling on a Peruvian handicraft article.

The sample sent with your letter is a 6 3/4" copper bangle bracelet, 3/10" wide and 1/8" thick, with a thin sterling silver Incan-motif soldered to the top of the bracelet.

The sterling silver motif is a minor constituent of the total bracelet. The essential character of the bracelet is derived from the copper by virtue of the weight and mass of the copper in comparison to the significantly smaller size of the sterling silver motif.

The applicable subheading for the copper bracelet will be 7117.19.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry, of base metal...other: other. The duty rate will be 11% ad valorem.

Articles classifiable under subheading 7117.19.5000, HTS, which are products of Peru are entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The sample bracelet is not marked to show the name of the country of origin. Please be advised that Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that 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 container) will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Accordingly, the bracelets must be marked "Peru" at the time of importation into the United States.

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.

Sincerely,

Jean F. Maguire
Area Director

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