The tariff classification of silver jewelry from Poland.

PD D82695 October 14, 1998 CLA-2-71:K:TC:A4:G17 D82695 CATEGORY: Classification TARIFF NO.: 7113.11.5000 Mr. Janusz Orzechowski Simico 2409 East Allegheny Avenue Suite 201 Philadelphia, PA 19134 RE: The tariff classification of silver jewelry from Poland. Dear Mr. Orzechowski: In your letter dated September 23, 1998, you requested a classification ruling. Enclosed with your ruling request is a sample of a sterling silver pendant attached to a collar instead of a chain. It is intended to be worn as a necklace. Also enclosed were photographs of the following: 1. A sterling silver pendant attached to a chain and containing a lobster claw' clasp. 2. A sterling silver brooch similar in design to the pendant. 3. A pair of sterling silver earrings also similar in design to the pendant. The sample is being returned as requested. The applicable subheading for the silver jewelry will be 7113.11.5000, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for articles of jewelry...of precious metal...of silver...other: other. The duty rate will be 5.3% ad valorem. Articles classifiable under subheading 7113.11.5000, HTSUSA, which are products of Poland, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. However, the GSP expired June 30, 1998 and has not been extended. Congress may choose to renew GSP retroactively. In that case, the GSP provision cited herein may apply retroactively. Your letter also asks for information relating to the proper marking of the silver jewelry. Each piece should be indelibly marked with the country of origin by die-sinking, engraving or stamping. The quality of the marking must be such that it can be easily read. Alternatively, marking the jewelry by affixing hang tags is an acceptable method of marking the country of origin provided that the tags are affixed so securely that, unless deliberately removed, they will remain on the articles until they reach the ultimate purchaser. To ensure compliance with the National Gold and Silver Stamping Act, which is applic- able to gold and silver jewelry, we suggest that you contact the Federal Trade Commission (FTC), 601 Pennsylvania Avenue, NW, Washington, D.C. 20580. Customs does not issue rulings or decisions interpreting FTC guidelines. This ruling is being issued under the provisions of Part 177 of the Customs Regulations. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, John J. Martuge Area Director JFK Airport