CLA-2  CO:R:C:V  555210  BJO
Mr. Cyrus Maybud
          Maybud & Cie
          Conseillers Juridiques et Economiques
          Route du Remblais
          1782 Belfaux
          Fribourg, Switzerland
          RE: GSP Eligibility of Gold Necklaces Imported from Malta
          Dear Mr. Maybud:
               This is in response to your letters of September 7,
          September 9, and October 10, 1988, to the Area Director, New York
          Seaport, in which you request a ruling on behalf of Silmar
          S.p.A., that 14 karat gold necklaces produced in Malta are
          eligible for duty-free entry under the Generalized System of
          Preferences (GSP)(19 U.S.C. 2461-2466).
          FACTS:
               You state that Silmar Malta S.p.A. will produce the gold
          necklaces in Malta from imported 24 karat fine gold.  The Maltese
          manufacturing operation is described in your submissions as
          follows:
               (1) The 24 karat fine gold will be melted down and alloyed
               to 14 karat gold in a continuous casting oven.  The
               resulting gold wire will have a diameter of 6 millimeters.
               (2)  The wire will be passed through special extruding
               machinery to reduce its diameter to between 0.25 and 1.20
               millimeters, and then machine formed into links and into
               chains.
               (4)  The links of the chain, which remain slightly open from
               the previous step, will next be welded by means of a
               chemical process.  By means of a twisting machine, the chain
               will be flattened, and then it will be beaten to its desired
               width with a mechanical hammer.  Because the hammering
               operation will leave the chain rigid, it must be "softened"
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               through particular mechanical movements.  The chain will
               then be diamond-beveled with a special lathe, machine
               printed with various designs, polished by means of ultra
               sound, and shined in an electronic galvanized bath.
               (5)  Clasps will be thermo-welded to the ends of the chain
               to form the necklace.  The clasps will be polished with a
               rotative machine.  The finished necklaces will be packed for
               export and shipped by air to the U.S.
          ISSUE:
               Whether the 14 karat gold necklaces produced in Malta are
          eligible for duty-free treatment under the GSP.
          LAW AND ANALYSIS:
               Under the GSP, eligible products of a designated beneficiary
          developing country (BDC) which are imported directly into the
          U.S. qualify for duty-free treatment if the sum of the cost or
          value of the constituent materials produced in the BDC plus the
          direct costs involved in processing the eligible article in the
          BDC is at least 35% of the article's appraised value at the time
          of its entry into the U.S. See 19 U.S.C. 2463.
               Malta is a BDC, and the 14 karat gold necklaces, which are
          classified for tariff purposes under either subheading 7113.19.21
          or 7113.19.29 of the Harmonized Tariff Schedule of the United
          States (HTSUS), depending upon the type of link, are GSP eligible
          articles.  Your letters indicate that the necklaces will be
          imported directly to the U.S.  Accordingly, the necklaces will
          receive duty-free treatment under the GSP if the direct costs of
          processing the necklaces plus the value of Maltese materials is
          equal to or greater than 35% of the appraised value of the
          necklaces.
               Although the 24 karat gold used in the production of the
          necklaces is not of Maltese origin, its cost or value may
          nevertheless be included in the 35% value-content computation if
          it undergoes a double substantial transformation in Malta.  That
          is, the 24 karat gold imported into Malta must be substantially
          transformed in Malta into a new and different intermediate
          article of commerce, which is then used in Malta in the
          production of the 14 karat gold necklaces exported to the U.S.
          See 19 CFR 10.177(a).
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               A substantial transformation occurs when an article emerges
          from a process with a new name, character, or use different from
          that possessed by the article prior to processing.  See Texas
          Instruments, Inc. v. United States, 69 CCPA 152, 681 F.2d 778
          (1982).
               In HQ 071788, dated April 17, 1984, we ruled that 18 karat
          gold wire produced from 24 karat fine gold bars was a
          substantially transformed constituent material of gold chains or
          bracelets for GSP purposes.  In that case, the gold bars were
          imported into the BDC, and melted down and mixed with necessary
          alloys to reduce its purity.  The resulting 18 karat gold was
          then rolled into wires of different gauge and size, which were
          shaped into round circles and ovals, soldered together, and
          stamped into a flat link figure-eight or similar shape.  Clasps
          were then attached to form chains or bracelets, which were
          cleaned, polished and buffed, and exported directly to the U.S.
          Because the 18 karat gold wire was determined to be an
          intermediate article of commerce, we stated that its cost or
          value may be included as part of the GSP 35% requirement of the
          subsequently produced chains and bracelets.
               The manufacture of the gold necklaces in Malta you describe
          appears to involve nearly identical raw materials, processing
          operations, and intermediate and final products as those
          described in HQ 071788.  On the basis of that ruling, therefore,
          we find that the conversion of the 24 karat fine gold in Malta
          into 14 karat gold wire produces an intermediate article of
          commerce, which itself is ultimately substantially transformed
          into the 14 karat gold necklaces.  The cost or value of the gold
          wire thus may be included in the 35% value-content requirement of
          the GSP.
               Because of the absence of cost information in your letters,
          we cannot conclude that the 35% value-content requirement will be
          satisfied in this case.  However, if the sum of the cost or value
          of the gold wire, plus the direct costs of producing the
          necklaces, is equivalent to at least 35% of the appraised value
          of the necklaces at the time of their entry into the U.S., then
          the necklaces will receive duty-free treatment under the GSP.
               We have enclosed for your information a copy of the Customs
          Regulations relating the to the GSP.
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          CONCLUSION:
               The 14 karat gold wire produced in Malta from 24 karat fine
          gold imported into Malta is a substantially transformed
          constituent material for GSP purposes.  Accordingly, if the sum
          of the cost or value of the gold wire plus the direct costs of
          processing operations performed in Malta equals or exceeds 35% of
          the appraised value of the necklaces at the time of entry into
          the U.S., the necklaces will qualify for duty-free treatment
          under the GSP.
                                         Sincerely,
John Durant, Director
                                         Commercial Rulings Division
          Enclosure
          cc: New York Seaport
              (CLA-2-71:S:N:N3G:344  832953)