MAR-2 OT:RR:E:NC:SP:233
Ms. Susan Byrne
Tiffany and Co.
15 Sylvan Way
Parsippany, NJ 07054
RE: THE COUNTRY OF ORIGIN MARKING OF JEWELRY.
Dear Ms. Byrne:
This is in response to your letter dated December 11, 2008, requesting a ruling on the proper marking for a bracelet from the Dominican Republic. A marked sample was not submitted with your letter for review.
You intend to ship to the Dominican Republic chain components consisting of chain, fineness tag and wire of US origin, 10mm beads from India and a lobster clasp from Italy. In the Dominican Republic the beads are strung, connecting ring is formed and soldered onto the chain to make a fully assembled, unfinished bracelet. After importation into the US, the bracelet will be polished and wrapped.
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 bracelet can be marked either “Assembled in the Dominican Republic” or “Made in the Dominican Republic”. If it is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, it will be an acceptable country of origin marking.
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
National Commodity Specialist Division