Country of origin marking of Native American-style jewelry; 19 CFR 134.43; metal tags

HQ 735210 January 28, 1994 MAR 2-05 CO:R:C:V 735210 LR CATEGORY: MARKING Mr. John R. Monteith Pacific Silver, Inc. A. Cortes Ave., Alang-Alang Mandaue City Cebu Philippines Dear Mr. Monteith: RE: Country of origin marking of Native American-style jewelry; 19 CFR 134.43; metal tags Dear Mr. Monteith: This is in response to your ruling request dated May 25, 1993, regarding the country of origin marking requirements of imported Native American-style jewelry. This ruling is applicable only to prospective importations. We regret the delay in responding. FACTS: Your company manufactures Native American-style silver jewelry in the Philippines. You propose marking the country of origin on a metal tag attached to the jewelry by means of a metal ring on the end of the tag. The metal ring is silver soldered closed so that it cannot be removed except by cutting. Two pairs of earrings, a ring, and bracelet were submitted, each of which is indelibly marked "PHILIPPINES" in the manner set forth above. The tag measures approximately 3/4 inches x 1/8 inch. The marking on the tag appears in large raised letters of approximately 8 points. (A point is approximately .01384 inch or 1/72 of an inch). One earring in each pair has a country of origin tag affixed. ISSUE: Whether the submitted samples satisfy the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. LAW AND ANALYSIS: 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 U.S. shall be marked in conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exception of 19 U.S.C. 1304. 19 CFR 134.43(c) sets forth the requisite methods of marking Native American-style jewelry. With certain exceptions which do not appear to be relevant here, the jewelry must be indelibly marked with the country of origin by cutting, die- sinking engraving, stamping, or some other permanent method. The indelible marking must appear legibly on the clasp or in some other conspicuous location, or alternatively, on a metal or plastic tag indelibly marked with the country of origin and permanently attached to the article. On the submitted samples, the indelible country of origin marking appears on a metal tag permanently affixed to each article by means of a metal ring silver soldered to the article. We find that this method of marking satisfies the requirements of 19 CFR 134.43(c). We also find that the marking on the samples satisfies the general requirements of 19 U.S.C. 1304 and 19 CFR Part 134 inasmuch as it is legible, conspicuous and permanent. As long as the earrings are imported in pairs and Customs officials at the port of entry are satisfied that the earrings will be sold in such pairs, it is acceptable to mark one earring in the pair with the country of origin. HOLDING: The submitted samples satisfy the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Sincerely, John Durant, Director Commercial Rulings Division cc: District Director of Customs