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NY B84685




May 7, 1997

CLA-2-71:RR:NC:SP:233 B84685

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 7117.19.9000

Naz Sestoso
Magic Novelty Co., Inc.
308 Dyckman Street
New York, NY 10034

RE: The tariff classification and country of origin marking of a base metal necklace and gift box imported together from Taiwan.

Dear Sirs:

In your letter dated April 23, 1977, you requested a tariff classification and country of origin marking ruling.

You have submitted two identical samples with your request. They are base metal gold-tone chain link necklaces measuring 18" in length. Attached to the necklaces are gold-tone pendants in the shape of a bow. At the center of each pendant is an imitation gemstone. The necklaces are packaged in hinged rectangular vinyl covered gift boxes measuring approximately 3" x 4" x 1". You indicate that the boxes may be made of plastic and may vary in size along with the quality of the chain.

The applicable subheading for the base metal gold-tone necklace 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% ad valorem

The gift boxes are properly classified with the necklaces in accordance with General Rule of Interpretation 5.(a) which states: Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

You have also asked if the stickers on the gift boxes, which read "Made in China," are an acceptable method of country of origin marking under Section 304, T. A.

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.

If the necklaces are to be imported in individual boxes and sold in such boxes, the marking of the country of origin of the necklaces on the box is acceptable. However, if the necklaces are to be imported without the boxes, each necklace is required to be marked in accordance with Section 304 of the Tariff Act of 1930, as stated above. The use of stickers, so long as they are of a durable quality that enables them to remain on the article until it reaches its ultimate consumer, is an acceptable method of marking for compliance with Section 1304 requirements. The stickers on your samples are acceptable.

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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