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NY B80905





January 28, 1997

CLA-2-71:RR:NC:SP:233 B80905

CATEGORY: CLASSIFICATION

TARIFF NO.: 7117.19.9000

Ms. Irene Kwok
Concept 3 Limited
3/F., California Tower
30-32 d'Aguilar Street
Central, Hong Kong

RE: The tariff classification of imitation jewelry from Taiwan.

Dear Ms. Kwok:

In your letter dated January 9, 1997, you requested a tariff classification ruling. You also question whether the country of origin marking requirement would be satisfied by marking the polybag in which the ring is enclosed instead of the ring itself. In addition, you inquire whether the merchandise is subject to antidumping or countervailing duties (AD/CVD) duties.

The style number C3-29849 sample submitted with your request is a ring on which is imprinted "IF YOU CHOOSE LOVER OVER STABILITY". You indicate that the ring is made of satin chrome plated brass.

The applicable subheading for the ring will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other." The rate of duty will be 11 percent ad valorem.

With reference to marking the country of origin, marking the polybags will not satisfy the country or origin marking requirement. The rings should be indelibly marked by die-sinking, engraving or stamping. The quality of the marking must be such that it can be easily read. Alternatively, marking the rings by affixing hang tags is an acceptable method of marking the country of origin provided that the tags are affixed so securely that, unless deliberately removed, they will remain on the articles until they reach the ultimate purchaser.

The Customs Service does not have authority to rule on the applicability of antidumping or countervailing (AD/CVD) duties to this article. The Department of Commerce has jurisdiction over such matters and, therefore, is the appropriate forum to address the AD/CVD issue. For information, please contact the U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230.

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 212-466-5739.

Sincerely,

Gwenn Klein Kirschner

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