CLA-2-71:OT:RR:NC:N1:128
Ms. Kelly D Zytaruk
Kelly Rocks
16 Harrison Place
Georgetown, Ontario L7G 4S5
Canada
RE: The tariff classification, country of origin, marking, and USMCA eligibility of amethysts.
Dear Ms. Zytaruk:
In your letter dated December 10, 2025, you requested a tariff classification ruling.
The merchandise under consideration is described as amethyst clusters, druzys, and points. You state that the
amethysts are obtained directly from the Thunder Bay mine in Ontario, Canada. After mining, they are
cleaned but do not undergo any further processing. You state that the amethysts are sold to collectors and
commercial resellers.
In your ruling request you suggest classification of the amethyst clusters, druzys, and points in 2506.10,
Harmonized Tariff Schedule of the United States (HTSUS), as quartz other than natural sands, stating that the
stones aren’t precious or semiprecious and are not of gemstone quality. However, according to the Thunder
Bay mine website (https://www.visitthunderbay.com/en/see-and-do/amethyst-mining.aspx), the amethysts
sourced from their mine are semiprecious and are suitable for use in jewelry, goldsmiths’ or silversmiths’
wares: “Thunder Bay is in the heart of amethyst country. These semi-precious gems are found in quality and
quantity in Thunder Bay and along the north shore of Lake Superior…grab polished amethyst gift items and
jewelry from one of the many gift shops throughout the city and region.”
Chapter 25, Note 2(g) states in pertinent part, “This chapter does not cover: precious or semiprecious stones
(heading 7102 or 7103).” Classification of the amethysts in heading 2506.10, HTSUS, is precluded.
Alternatively, you suggest classification of the amethysts in heading 9705, HTSUS, as collections and
collectors’ pieces of archaeological, ethnographic, historical, zoological, botanical, mineralogical,
anatomical, paleontological or numismatic interest. However, Chapter 97, Note 1(c) states in pertinent part,
“This Chapter does not cover: Pearls, natural or cultured, or precious or semiprecious stones (headings 7101
to 7103).” Classification of the amethysts in heading 9705, HTSUS, is also precluded.
The applicable subheading for the amethyst clusters, druzys, and points will be 7103.10.2000, HTSUS, which
provides for “Precious stones (other than diamonds) and semiprecious stones, whether or not worked or
graded but not strung, mounted or set…Unworked or simply sawn and roughly shaped: Unworked.” The
general rate of duty will be Free.
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 https://hts.usitc.gov/current.
You have also requested a ruling on the country of origin, applicability under the United
States-Mexico-Canada Trade Agreement (USMCA) and marking of the amethyst clusters, druzys, and
points.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every
article of foreign origin imported into the United States 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 United States, the English name of the country of origin of the
article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to
know by an inspection of the marking on the imported goods the country of which the goods is the product.
The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by
knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should
influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of
manufacture, production, or growth of any article of foreign origin entering the United States. Further work
or material added to an article in another country must effect a substantial transformation in order to render
such other country the “country of origin” within the meaning of the marking laws and regulations.
Pursuant to section 102.0, interim regulations, related to the marking rules, tariff-rate quotas, and other
USMCA provisions, published in the Federal Register on July 6, 2021 (86 FR 35566), the rules set forth in
sections 102.1 through 102.18 and 102.20 determine the country of origin for marking purposes with respect
to goods imported from Canada and Mexico. Section 102.11 provides a required hierarchy for determining
the country of origin of a good for marking purposes, with the exception of textile and apparel goods which
are subject to the provisions of 19 CFR 102.21. See 19 CFR 102.11.
Applied in sequential order, 19 CFR 102.11(a) provides that the country of origin of a good is the country in
which:
(1) The good is wholly obtained or produced;
(2) The good is produced exclusively from domestic materials; or
(3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set
out in Part 102.20 and satisfies any other applicable requirements of that section, and all other applicable
requirements of these rules are satisfied.
From the information you provided, the amethysts at issue are mined in Thunder Bay, Ontario, Canada. They
are washed, but are not processed or worked in any other way prior to exportation from Canada to the United
States. They are therefore considered wholly obtained or produced in Canada under 19 CFR 102.11(a)(1).
As such, the country of origin for marking purposes is Canada.
USMCA:
The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30,
2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the
USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note (“GN”)
11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is
an originating good for purposes of the USMCA. GN 11(b) states:
For the purposes of this note, a good imported into the customs territory of the United States from the
territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential tariff
treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule
as a “good originating in the territory of a USMCA country” only if-
(i) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries;
(ii) the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from
originating materials;
(iii) the good is a good produced entirely in the territory of one or more USMCA countries using
non-originating materials, if the good satisfies all applicable requirements set forth in this note (including the
provisions of subdivision (o).
From the information you provided, the amethysts at issue are mined in Thunder Bay, Ontario, Canada. They
are washed, but are not processed or worked in any other way prior to exportation from Canada to the United
States.
Based on the facts provided, the goods described above qualify for USMCA preferential tariff treatment,
because they will meet the requirements of HTSUS General Note 11(b)(i). The goods will therefore be
entitled to Free rate of duty under the USMCA upon compliance with all applicable laws, regulations, and
agreements.
You have also requested a ruling on an acceptable country of origin marking for the amethysts. A photograph
of the proposed marking was submitted with your letter for review.
The photograph you provided shows a sticker affixed to a cardboard box. The sticker is white with a red
border, and bears the words “Made in CANADA” and “fabriqué au CANADA” printed in black letters and
placed next to a red maple leaf.
As noted above, that the amethysts are sold both directly to collectors in the United States as well as to
commercial resellers. You have stated that the amethysts are exported to the United States in boxes which
can contain one or multiple pieces of amethyst and can weigh up to 20 kilograms. The collectors purchase
their amethysts directly from you for display, while the resellers will sell the amethysts to the ultimate
purchasers for a profit.
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 United States 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 United States the English name of the
country of origin of the article. For a good of a NAFTA or USMCA country, the “ultimate purchaser” is the
last person in the United States who purchases the good in the form in which it was imported. 19 C.F.R. §
134.1(d).
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 United States 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.
While your proposed country of origin marking will reach the ultimate purchasers who buy from you
directly, that same marking will not reach the ultimate purchasers who buy your amethysts through
commercial resellers. Therefore, the proposed marking is not an acceptable country of origin marking for the
imported amethysts sold to the ultimate purchasers through commercial resellers, because it is not
conspicuous, legible and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19
CFR Part 134. Accordingly, the amethysts sold to the ultimate purchasers through commercial resellers must
be marked at importation and “any method of marking at any location insuring that country of origin will
conspicuously appear on the article shall be acceptable.” 19 C.F.R. § 134.44.
In addition, the regulations set forth the following procedures for imported articles which will be
repacked or manipulated:
(a) Certification requirements. If an article subject to these requirements is intended to be repacked in
retail containers (e.g., blister packs) after its release from Customs custody, or if the port director
having custody of the article, has reason to believe such article will be repacked after its release, the
importer shall certify to the port director that: (1) If the importer does the repacking, he shall not
obscure or conceal the country of origin marking appearing on the article, or else the new container
shall be marked to indicate the country of origin of the article in accordance with the requirements of
this part; or (2) if the article is intended to be sold or transferred to a subsequent purchaser or
repacker, the importer shall notify such purchaser or transferee, in writing, at the time of sale or
transfer, that any repacking of the article must conform to these requirements … 19 C.F.R. 134.26(a).
Accordingly, with regard to individual amethysts repacked after importation, the importer must submit the
aforementioned certification to the port at the same time that the entry summary is filed. 19 C.F.R. §
134.26(c). The form is set forth at 19 C.F.R. § 134.26(a).
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Nicole Sullivan at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division