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NY N016679




September 13, 2007

MAR-2 RR:E:NC:SP:233

CATEGORY: MARKING

Kathy M. Higginbotham
Silpada Designs
11550 Renner Boulevard
Lenexa, KS 66219

RE: THE COUNTRY OF ORIGIN MARKING OF JEWELRY

Dear Ms. Higginbotham:

This is in response to your letter dated September 5, 2007 requesting a ruling on whether the proposed marking "Made in China", “Made in India” or “Made in Thailand” is an acceptable country of origin marking for imported jewelry. A marked sample was not submitted with your letter for review. You have submitted photographs of the twelve pieces of jewelry at issue.

The jewelry includes necklaces, rings, earrings, bracelets, chains and ear wires. On each piece the country of origin will be die cast next to your trademark and in addition to the 925 stamp. The die cast has been positioned to make the marking both legible and conspicuous to the consumer.

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 proposed marking of imported jewelry , as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported jewelry.

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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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