CLA-2-71:RR:NC:SP:233 I85493
Ms. Susan Studeny
Tiffany & Co.
15 Sylvan Way
Parsippany, NJ 07054-3893
RE: The tariff classification and country of origin of jewelry made from components from the U.S. and Italy.
Dear Ms. Studeny:
In your letter dated August 16, 2002, you requested a tariff classification and country of origin ruling.
You have presented the following scenarios regarding two components of jewelry; a chain and clasp. The two components will be assembled and finished in the United States. In all cases, the chain will be purchased on a spool or portioned with no defined function.
750 yellow gold chain fabricated in the U.S. weighing 33 grams, cost $348, combined with 750 yellow gold lobster clasp fabricated in Italy weighing 6.5 grams, cost $70.
Sterling silver chain fabricated in the U.S. weighing 52 grams, cost $13, combined with sterling silver lobster clasp fabricated in Italy weighing 7.5 grams, cost $11.
Sterling silver chain fabricated in Italy weighing 52 grams, cost $14, combined with sterling silver lobster clasp fabricated in Italy weighing 7.5 grams, cost $11.
The applicable subheading for the yellow gold lobster clasp will be 7113.19.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal… clasps and parts thereof. The rate of duty will be 5.8% ad valorem.
The applicable subheading for the sterling silver lobster clasps will be 7113.11.5000, HTS, which provides for articles and jewelry and parts thereof, of precious metal or of metal clad with precious metal…of silver, whether or not plated or clad with other precious metal: other: other. The rate of duty will be 5% ad valorem.
The applicable subheading for the sterling silver chain will be 7113.11.1000, HTS, which provides for articles of jewelry and parts thereof: of precious metal or of metal clad with precious metal… of silver, whether or not plated or clad with precious metal: rope, curb, cable, chain and similar articles produced in continuous lengths, all the foregoing, whether or not cut to specific lengths and whether or not set with imitation pearls or imitation gemstones, suitable for use in the manufacture of articles provided for in this heading. The rate of duty will be 6.3% ad valorem.
The country of origin of a product is the country of manufacture, production, or growth of the article. If further work or material is added to an article in another country, there must be a substantial transformation in that country in order to render such other country the country of origin. In the three scenarios described above, the cutting of the chain into material lengths, and the combining of the chain with the lobster clasp in the U.S. substantially transforms the components into an article of jewelry whose name, character and use is different from that of the components used in the processing. Accordingly, the country of origin in each case is the United States.
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,
National Commodity
Specialist Division