April 21, 2004 CBP Bulletin Notice on Country of Origin Marking for Italian-Origin Jewelry Chains and Clasps Assembled in the U.S
In the April 21, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 17), CBP issued a notice proposing to modify a ruling regarding the country of origin marking for Italian-origin jewelry chains and clasps assembled in the U.S. CBP states that it is also proposing to modify any treatment it has previously accorded to substantially identical transactions that are contrary to its position in this notice.
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CBP also states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed modification, or any party involved with a substantially identical transaction, should advise CBP by May 21, 2004, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
CBP also states that the proposed modification notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Modification of Ruling
Country of origin marking for Italian-origin jewelry chains and clasps assembled in the U.S. According to CBP, at issue are Italian-origin sterling silver jewelry chains and Italian-origin sterling silver lobster clasps that are assembled within the U.S. to form completed jewelry pieces. Each sterling silver chain weighs 52 grams and is valued at $14, and each sterling silver lobster clasp weighs 7.5 grams and is valued at $11. CBP states that the assembled jewelry pieces will be finished subsequent to assembly.
CBP is proposing to issue HQ 562868 in order to modify NY I85493, and any other rulings not specifically identified, to reflect Italy as the proper country of origin applicable to the subject chains combined with the clasps within the U.S., pursuant to the analysis set forth in proposed HQ 562868.
CBP explains that based upon the presented information, including certain previous rulings, CBP believes that combining an Italian-origin chain with an Italian-origin lobster clasp within the U.S. to form completed jewelry does not substantially transform the foreign-origin items into a product of the U.S. As such, the country of origin of completed jewelry pieces produced under these circumstances is Italy.
April 21, 2004 CBP Bulletin (Vol. 38, No. 17) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_04212004_no_17/