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NY B80523

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December 31, 1996
MAR-2 RR:NC:2:233 B80523

CATEGORY: MARKING

Mr. Richard Wawrynek
Venturi Designs, Ltd.
32 East 31 Street
New York, NY 10016

RE: Country of origin marking of imported jewelry.

Dear Mr. Wawrynek:

This is in response to your letter dated December 19, 1996, requesting a ruling on the country of origin marking requirements for imported jewelry which is assembled from U.S. components in Poland . Samples were not submitted with your letter for review.

In your letter, you indicate that your company is a manufacturer of sterling silver and gold jewelry. You design and create rings, earrings, brooches, bracelets, cufflinks, etc. You indicate your company desires to engage in a joint venture with a production facility in Poland. Your proposed assembly of jewelry is as follows:

1. Your company would create castings of the jewelry items in cast grain sterling silver or gold in your New York factory. All materials would be of United States origin.

2. These "raw castings" would then be shipped to Poland, along with rivets, pins, joints, catches, wing backs, etc. for application to the castings. All components would be of United States origin.

3. The items would then be returned to the United States in this "semi-manufactured" state of completion.

4. You polish, rouge, set precious and semi-precious stones, inspect, lubricate and package in the United States these now finished pieces for shipment to your clients.

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.

The "country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the 'country of origin' within the meaning of this part; however, for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin." For tariff purposes, the courts have held that a substantial transformation occurs if a new and different article emerges having a distinctive name, character or use. Anheuser-Busch Brewing Association v. The United States, 207 U.S. 556 (1908) and Uniroyal Inc. v. United States, 542 F. Supp. 1026 (1982).

In this case, the assembly process does not result in a substantial transformation. The assembled jewelry does not have a distinctive name, character or use different from the unassembled jewelry, and therefore is a good of the United States for marking purposes. Accordingly, pursuant to 19 CFR 134.32(m), the jewelry will not be required to have any country of origin marking pursuant to 19 U.S.C. 1304 when imported into the United States.

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 212-466-5739.

Sincerely,

Roger J. Silvestri

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