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NY N005387




January 24, 2007

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

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 7113.11.2000; 7113.11.5000

Ms. Kathryn Ann Kelly
SEA Trading Co.
12623 Hunting wick Drive
Houston, TX 77024

RE: The tariff classification of sterling silver jewelry from Thailand.

Dear Ms. Kelly:

In your letter dated January 10, 2007, you requested a tariff classification ruling.

The sterling silver jewelry includes bracelets, rings, necklaces, earrings, anklets and pendants. Silver is purchased from the United States in pellets and melted and then handcrafted into jewelry in Thailand. Some of the pieces are adorned with mother of pearl or semiprecious stones. Most of the pieces are valued over $18 per dozen but some are valued under. The jewelry is stamped “92.5” for the percentage of silver. The jewelry, however, is not stamped with the country of origin.

The applicable subheading for the jewelry, when valued not over $18 per dozen pieces or parts, will be 7113.11.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: Of precious metal whether or not plated or clad with precious metal: Of silver, whether or not plated or clad with other precious metal: Other: Valued not over $18 per dozen pieces or parts." The rate of duty will be 13.5% ad valorem.

The applicable subheading for the jewelry, when valued over $18 per dozen pieces or parts, will be 7113.11.5000, HTSUS, which provides for "Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: Of precious metal whether or not plated or clad with precious metal: Of silver, whether or not plated or clad with precious metal: Other: Other." The rate of duty will be 5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 7113.11.2000, HTSUS, or subheading 7113.11.5000, HTS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

You have also inquired about the country of origin and the country of origin marking requirements. The country of origin is Thailand.

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.

The instant jewelry is not stamped with the country of origin. It is not necessary to stamp the jewelry, but in order to satisfy the country of origin marking requirements other methods of marking must be used. Marking the jewelry by affixing hangtags is an acceptable method of marking the country origin provided that the tags are affixed in a conspicuous place and so securely that, unless deliberately removed, they will remain on the articles until they reach the ultimate purchaser (19 CFR 134.44).

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 646-733-3036

Sincerely,

Robert B. Swierupski
Director,

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