WEBVTT 00:00:05.350 --> 00:00:06.730 Welcome everyone. 00:00:06.730 --> 00:00:10.830 My name is Sandy Sandy, and I'm a national import specialist responsible 00:00:10.830 --> 00:00:13.260 for jewelry and writing instruments. 00:00:13.260 --> 00:00:17.850 And today I will be discussing two headquarters rulings on jewelry. 00:00:19.433 --> 00:00:23.910 Before I discuss, those rulings are here is the CBP mission statement 00:00:23.910 --> 00:00:27.830 as well as the Office of Trade mission statement, the Office 00:00:27.830 --> 00:00:33.490 of Trade facilitates a legitimate trade and forces US laws and protects the 00:00:33.490 --> 00:00:36.960 American economy to ensure consumer safety 00:00:36.960 --> 00:00:41.270 and to create a level playing field for American businesses. 00:00:42.967 --> 00:00:46.210 Next, the first of two disclaimers, this webinar is 00:00:46.210 --> 00:00:50.980 for informational purposes only and reliance solely 00:00:50.980 --> 00:00:54.200 on the general information contained in this webinar 00:00:54.200 --> 00:00:57.470 may not be considered reasonable care. 00:04:12.142 --> 00:04:15.605 Now I wanna make sure that you all are not napping. 00:04:15.605 --> 00:04:18.833 Especially all the East Coasters for home. 00:04:18.833 --> 00:04:20.500 This is after lunch. 00:04:20.500 --> 00:04:26.100 So please if you can show me your awake and post your opinion in the chat box. 00:04:26.100 --> 00:04:31.833 The question is if the Shank of a ring was either foreign 00:04:31.833 --> 00:04:37.033 or US made and it was assembled to a US made ring head 00:04:37.033 --> 00:04:40.500 in the United States a foreign diamond was added 00:04:40.500 --> 00:04:43.300 and there was some further processing of the 00:04:43.300 --> 00:04:44.633 ring in the United States. 00:04:44.633 --> 00:04:48.967 Who thinks this ring would be considered made in USA 00:04:48.967 --> 00:04:51.967 and who would consider it foreign maid? 00:04:51.967 --> 00:04:54.511 OK, alright, we have some votes here we have some input. 00:04:54.511 --> 00:04:56.133 Foreign so far. 00:04:57.067 --> 00:04:57.867 Fine. 00:04:57.868 --> 00:05:00.167 Ohhh my gosh so far it's all fine. 00:05:00.167 --> 00:05:02.414 You one for USA. 00:05:02.415 --> 00:05:03.934 OK, foreign. 00:05:03.934 --> 00:05:05.288 Foreign. 00:05:06.633 --> 00:05:08.033 OK, thank you. 00:05:08.033 --> 00:05:09.133 I'm glad you guys are awake. 00:05:11.100 --> 00:05:11.833 So. 00:05:11.833 --> 00:05:17.033 Looks like we have mostly foreign out here form because of value. 00:05:17.033 --> 00:05:18.100 Interesting. 00:05:18.100 --> 00:05:20.167 OK and a couple USA. 00:05:23.967 --> 00:05:25.533 What kind of diamond? 00:05:25.533 --> 00:05:26.933 OK. 00:05:26.933 --> 00:05:31.233 Foreign essential character, OK. 00:05:34.033 --> 00:05:37.433 Foreign US, US. 00:05:38.967 --> 00:05:39.900 USA. 00:05:44.022 --> 00:05:44.933 OK. 00:05:44.933 --> 00:05:49.367 Thank you all for your input and we'll go ahead and uh move forward. 00:05:49.767 --> 00:05:51.067 I'm. 00:05:51.067 --> 00:05:52.900 I'm not gonna give you the answer yet. 00:05:52.900 --> 00:05:55.300 This is what we'll be discussing. 00:05:56.167 --> 00:06:01.433 Now let's take a closer look at what the importer stated was included 00:06:01.433 --> 00:06:04.833 in the processing of the ring in the USA. 00:06:05.422 --> 00:06:09.127 First of all, there was a thorough inspection of the ring, head, 00:06:09.127 --> 00:06:10.233 diamond and Shank. 00:06:10.767 --> 00:06:13.567 The ring had was assembled to the Shank. 00:06:13.567 --> 00:06:16.233 Next, the ring was sized. 00:06:16.233 --> 00:06:19.833 The diamond was set, and the ring head, and it was polished. 00:06:19.833 --> 00:06:21.700 And lastly it was plated. 00:06:26.167 --> 00:06:28.767 Now that I have told you a little bit more 00:06:28.767 --> 00:06:32.367 about the process saying let's have two new opinion polls, 00:06:32.367 --> 00:06:38.233 the first opinion poll is what you think the correct country of origin is 00:06:38.233 --> 00:06:40.767 for a ring that is made with 00:06:40.767 --> 00:06:42.967 a foreign made Shank. 00:06:44.567 --> 00:06:50.967 A US ring head, a foreign diamond and it is processed in the US. 00:06:50.967 --> 00:06:53.367 Is it a foreign ring or USA made ring? 00:06:55.879 --> 00:06:56.499 Foreign. 00:06:57.567 --> 00:06:58.567 USA. 00:06:59.633 --> 00:07:00.367 Born. 00:07:03.033 --> 00:07:03.500 OK. 00:07:03.500 --> 00:07:05.967 So we still have kind of a variety. 00:07:11.033 --> 00:07:13.167 And seeing a lot of foreigns. 00:07:25.611 --> 00:07:28.967 And somebody asked, oh, what are the US processes 00:07:28.967 --> 00:07:33.567 since that is important, I'm just gonna go back right now and say. 00:08:56.633 --> 00:09:01.295 Now further work or material added to a article 00:09:01.295 --> 00:09:06.133 in another country must affect a substantial transformation, 00:09:06.133 --> 00:09:09.100 and this is key substantial transformation in order 00:09:09.100 --> 00:09:13.233 to render such other country, the 00:09:13.233 --> 00:09:18.633 country of origin and a substantial transformation occurs when, 00:09:18.633 --> 00:09:22.967 as a result of a process an article emerges 00:09:22.967 --> 00:09:26.233 having a distinctive name character. 00:09:26.233 --> 00:09:31.633 Or use from the original material subjected to the process. 00:09:31.633 --> 00:09:36.433 If the manufacturing process is a minor one, which leaves the identity 00:09:36.433 --> 00:09:40.633 of the imported article intact, a substantial transformation 00:09:40.634 --> 00:09:42.033 has not occurred. 00:09:46.167 --> 00:09:50.033 Now let's take a look at a previous ruling, UM, that dealt 00:09:50.033 --> 00:09:54.167 with the country of origin of a gold ring that was cast in Hong Kong. 00:09:54.167 --> 00:09:59.233 And diamonds from India that was set in China. 00:09:59.233 --> 00:10:00.900 This is from 2019. 00:10:03.833 --> 00:10:07.433 Did a substantial transformation take place? 00:10:08.567 --> 00:10:09.733 What do you all think? 00:10:15.500 --> 00:10:17.900 No, no substantial transformation. 00:10:23.100 --> 00:10:25.833 So we're getting some nose and some yeses. 00:10:38.957 --> 00:10:40.833 OK, some yeses again. 00:10:41.500 --> 00:10:42.967 Some nose. 00:10:44.033 --> 00:10:49.167 OK, so moving on, what is the country of origin of the finished ring? 00:10:53.300 --> 00:10:54.900 What do you all think? 00:10:54.900 --> 00:10:57.433 Is a country of origin of the finished ring Hong Kong? 00:10:58.261 --> 00:11:00.833 I'm seeing a lot of Hong Kong, a India. 00:11:00.833 --> 00:11:05.633 That would be where the diamond was from Hong Kong, India. 00:11:05.633 --> 00:11:08.300 So some India, some Hong Kong. 00:11:08.300 --> 00:11:10.633 Anybody think China or Mexico? 00:11:13.531 --> 00:11:15.400 China, OK. 00:11:16.167 --> 00:11:17.100 India. 00:11:18.167 --> 00:11:19.100 Hong Kong. 00:11:20.233 --> 00:11:21.033 China. 00:11:23.767 --> 00:11:25.767 OK, Hong Kong. 00:11:27.300 --> 00:11:30.567 And what was the scenario again, I'll go back to it. 00:11:30.567 --> 00:11:34.767 So a gold ring cast in Hong Kong. 00:11:36.033 --> 00:11:37.033 Diamonds. 00:11:37.033 --> 00:11:40.767 From India and it was set in China. 00:11:41.967 --> 00:11:46.167 Did it substantial transformation take place and what is the country 00:11:46.167 --> 00:11:47.367 of origin? 00:11:49.100 --> 00:11:50.033 So China. 00:11:54.172 --> 00:11:55.100 Hong Kong. 00:11:56.433 --> 00:11:57.367 China. 00:11:58.633 --> 00:11:59.233 Nobody. 00:11:59.233 --> 00:11:59.967 Mexico. 00:12:02.633 --> 00:12:03.233 OK. 00:12:03.233 --> 00:12:04.300 We'll move forward. 00:12:06.233 --> 00:12:08.367 Yes, the the diamond. 00:12:10.833 --> 00:12:12.633 Uh was from India. 00:12:15.367 --> 00:12:17.367 It came cut and polished already. 00:12:18.367 --> 00:12:21.188 So I'm seeing some China, India. 00:12:21.188 --> 00:12:22.700 And. 00:12:22.700 --> 00:12:24.633 Hong Kong. 00:12:24.633 --> 00:12:25.868 OK. 00:12:25.868 --> 00:12:31.167 So moving forward, the country of origin for the finished ring was determined 00:12:31.167 --> 00:12:36.567 to be Hong Kong and that is where the gold ring was cast. 00:12:40.567 --> 00:12:44.033 OK, now let's take a look at another ruling dealing with the country 00:12:44.033 --> 00:12:45.633 of origin of jewelry. 00:12:45.633 --> 00:12:50.367 A ruling N 271750 from 2016. 00:12:50.367 --> 00:12:55.600 In this case, the gold ring was cast in the US, then diamonds 00:12:55.600 --> 00:12:56.367 from various countries 00:12:56.367 --> 00:12:59.100 were set in the Dominican Republic. 00:12:59.833 --> 00:13:04.233 Now, in this scenario, the setting of the diamonds was not was 00:13:04.233 --> 00:13:10.833 a lot more involved since it include a pavey setting with many small diamonds. 00:13:10.833 --> 00:13:15.100 In addition to the main diamond, and finally it was polished 00:13:15.100 --> 00:13:16.633 in the United States. 00:13:17.500 --> 00:13:19.567 So take a look at the scenario again. 00:13:19.567 --> 00:13:21.633 It's Goldring cast in the US. 00:13:21.633 --> 00:13:23.700 Diamonds from various countries. 00:13:23.700 --> 00:13:28.767 It was set in the Dominican Republic, including the Pavee setting. 00:13:28.767 --> 00:13:32.233 And it was published in the United States. 00:13:33.967 --> 00:13:37.900 So did a substantial take transformation take place? 00:13:37.900 --> 00:13:41.900 So everybody's saying so far US there seems to be a lot of. 00:13:41.900 --> 00:13:46.000 Uniformity there no no substantial transformation took place, 00:13:46.000 --> 00:13:47.600 and that it's the US. 00:13:48.342 --> 00:13:51.770 As see one that there was a substantial transformation. 00:13:59.400 --> 00:14:00.970 OK, so moving on. 00:14:02.240 --> 00:14:05.830 What is the country of origin of the finished ring? 00:14:07.068 --> 00:14:11.710 80 Is it United States, Dominican Republic various or India? 00:14:15.167 --> 00:14:19.240 So I'm seeing a lot for you as I'm seeing one for the Dominican Republic. 00:14:24.100 --> 00:14:28.420 Us so it looks like it's us or Dominican Republic. 00:14:30.681 --> 00:14:34.890 And some various I have one there for various. 00:14:37.833 --> 00:14:38.960 Dominican Republic. 00:14:42.412 --> 00:14:44.250 OK, so moving forward. 00:14:46.233 --> 00:14:50.170 The country of origin was determined to be the United States, 00:14:50.170 --> 00:14:57.420 where the gold ring was cast so you guys can start seeing a pattern on what? 00:14:57.420 --> 00:15:01.220 Has been determined to be important, uh when determining the country 00:15:01.220 --> 00:15:04.270 of origin of jewelry. 00:15:06.567 --> 00:15:10.270 So now in the headquarters ruling that I have been discussing, 00:15:10.270 --> 00:15:15.230 headquarters decided that they did not find that the inspecting the ring, 00:15:15.230 --> 00:15:20.530 head, diamond and Shank, the ring head integration, sizing of the ring 00:15:20.530 --> 00:15:26.460 polishing setting of the diamond in the ring head and plating 00:15:26.460 --> 00:15:31.300 to be considered sufficient processing to be considered 00:15:31.300 --> 00:15:33.710 substantial transformation. 00:15:38.300 --> 00:15:42.190 So to illustrate for further clarity. 00:15:42.190 --> 00:15:47.110 The country of origin of the diamond engagement ring engagement rings, 00:15:47.110 --> 00:15:53.570 UM say that three times fast is the country where the Shank is produced, 00:15:53.570 --> 00:15:56.390 and here it is illustrated with a foreign Shanks. 00:15:56.391 --> 00:15:56.950 So you have a 00:15:56.950 --> 00:16:03.460 foreign Shank, the USA ring head of Foreign Diamond USA processing, 00:16:04.450 --> 00:16:07.460 and the ring is considered form. 00:16:13.161 --> 00:16:16.190 And here it is illustrated with the USA may change. 00:16:16.190 --> 00:16:20.690 So you have a USA chank a USA made ring head 00:16:20.690 --> 00:16:23.930 a foreign Diamond USA processing boy. 00:16:23.930 --> 00:16:26.740 That's small font and. 00:16:26.740 --> 00:16:29.850 The ring was determined to be USA. 00:16:30.900 --> 00:16:36.100 So it really very much depends on where the Shank is made. 00:16:38.100 --> 00:16:44.300 Now, no, moving on to the next issue is, how should these rings be marked? 00:16:44.300 --> 00:16:47.492 Please add your comments to the chat box 00:16:47.510 --> 00:16:50.170 on how you think these rings should be marked. 00:16:57.700 --> 00:16:59.030 Die stamped. 00:16:59.030 --> 00:17:00.000 OK. 00:17:05.300 --> 00:17:06.830 Engraved on the ring. 00:17:11.100 --> 00:17:12.070 So we're getting some of the. 00:17:13.700 --> 00:17:15.430 Thy stamped inscribed. 00:17:17.340 --> 00:17:19.110 Edge to engraved. 00:17:20.167 --> 00:17:21.650 Hang tag. 00:17:22.433 --> 00:17:23.630 Label. 00:17:27.633 --> 00:17:33.340 Another hand tag in a way that is visible for the ultimate consumer. 00:17:34.900 --> 00:17:35.560 OK. 00:17:35.560 --> 00:17:37.040 So we'll go ahead. 00:17:37.040 --> 00:17:41.430 So now the importer stated that due to the size and delicacy 00:17:41.430 --> 00:17:45.940 of the diamond engagement rings, they are unable to edge the country 00:17:45.940 --> 00:17:49.830 of origin markings directly on the products. 00:17:49.830 --> 00:17:54.490 They also stated that die stamping or cast in the mold lettering 00:17:54.490 --> 00:17:58.270 on these products would not be legible for the customer. 00:17:59.410 --> 00:18:03.660 Umm, so they gave an example of how they propose to mark. 00:18:03.660 --> 00:18:10.580 The jewelry box on the outermost container with assembled 00:18:10.580 --> 00:18:18.360 in the US with diamonds made in India and setting made in Laos 00:18:18.360 --> 00:18:23.950 if it was made in Laos in case CBP did not find that the country 00:18:23.950 --> 00:18:24.910 of origin of the 00:18:24.910 --> 00:18:27.860 diamond engagement rings is the United States. 00:18:31.050 --> 00:18:36.360 So do you think that the proposed method of marking is acceptable? 00:18:39.287 --> 00:18:44.020 And just to to go back, they had wanted to mark the outermost container. 00:18:44.967 --> 00:18:48.580 Uh, with assembled in the United States, Diamond made 00:18:48.580 --> 00:18:53.250 in India setting made in Laos or whatever foreign country. 00:18:53.250 --> 00:18:54.760 So no, I see one. 00:18:54.760 --> 00:18:57.370 Yes, some yeses and some nodes. 00:19:01.040 --> 00:19:02.010 And now there should be a. 00:19:02.010 --> 00:19:04.930 A tag on the ring. 00:19:10.633 --> 00:19:15.160 No woman wants the country of origin inside her band. 00:19:15.160 --> 00:19:18.470 No woman wants the country of origin inside her band. 00:19:18.470 --> 00:19:19.470 I see. 00:19:20.280 --> 00:19:22.390 That's an interesting thought. 00:19:22.390 --> 00:19:24.100 That's OK. 00:19:29.767 --> 00:19:35.590 So 19 CFR 134, one D defines the term ultimate purchaser 00:19:35.590 --> 00:19:38.318 as generally the last person in the United States 00:19:38.319 --> 00:19:41.910 who will receive the article in the form in which it was imported. 00:19:41.910 --> 00:19:47.380 If an article is to be sold at retail and it's imported form, 00:19:47.380 --> 00:19:51.930 the purchaser at retail is the ultimate purchaser. 00:19:51.930 --> 00:19:56.390 And since the diamond engagement rings are not substantially. 00:19:56.390 --> 00:20:01.500 Transformed upon importation, the ultimate purchaser is the consumer 00:20:01.500 --> 00:20:04.340 who purchase it from the importer. 00:20:06.852 --> 00:20:10.690 So Umm, how should the finished rings be marked? 00:20:10.690 --> 00:20:12.420 Should it be die stamped? 00:20:12.420 --> 00:20:14.380 Does the marking on the box office? 00:20:14.380 --> 00:20:16.270 Is it exempt from marking? 00:20:16.270 --> 00:20:19.300 Should it be marked with a hang tag or adhesive sticker? 00:20:19.300 --> 00:20:26.340 So I'm seeing a lot of D's handbag AB the marking on the box offices? 00:20:26.340 --> 00:20:29.890 Another bee, a die stamped. 00:20:31.539 --> 00:20:36.860 My tea is another a die stamped another D with a hang tag. 00:20:37.950 --> 00:20:43.460 Another B that the marking on the box offices D hang tag 00:20:43.460 --> 00:20:47.220 or sticker C it is exempt from marking. 00:20:50.233 --> 00:20:50.910 D. 00:20:52.090 --> 00:20:53.970 Uh, with the hang tag or sticker? 00:20:56.633 --> 00:20:57.640 Be Rd OK. 00:21:00.433 --> 00:21:04.940 So B would be the marking on the box or hang tag. 00:21:04.940 --> 00:21:07.670 See exempt from marking. 00:21:07.670 --> 00:21:10.970 OK, so let's find out. 00:21:12.221 --> 00:21:18.220 So the answer is both C&D and let me explain. 00:21:19.748 --> 00:21:25.550 So for the engagement rings with a Shank from the United States. 00:21:25.550 --> 00:21:30.650 Since the country of origin for marking purposes will be United States, 00:21:30.650 --> 00:21:33.860 they will be exempted from marking from the country 00:21:33.860 --> 00:21:36.030 of origin marking requirements. 00:21:36.030 --> 00:21:39.810 Now, if the company wanted to mark the diamond engagement rings 00:21:39.810 --> 00:21:43.860 or the packaging containing these rings to indicate mid in USA, 00:21:43.860 --> 00:21:46.608 the marking must comply with the requirements 00:21:46.609 --> 00:21:48.580 of the Federal Trade Commission. 00:21:52.967 --> 00:21:54.170 And. 00:21:54.177 --> 00:21:59.920 The other correct answer was D and so these are for the engagement rings 00:21:59.920 --> 00:22:03.460 with a Shank that was from a foreign country. 00:22:03.460 --> 00:22:05.570 So not a USA made Shank. 00:22:05.570 --> 00:22:10.710 It was from a foreign country assembled in May not be 00:22:10.710 --> 00:22:15.340 used to indicate the country of origin of the diamond engagement rings 00:22:15.340 --> 00:22:20.790 since the assembly operations do not result in substantial transformation. 00:22:21.820 --> 00:22:25.140 Instead the diamond engagement rings. 00:22:25.140 --> 00:22:29.630 With a Shank from a foreign country should be marked with the name 00:22:29.630 --> 00:22:33.602 of the country from where the Shank is made, 00:22:33.603 --> 00:22:36.780 preceded by maiden or a product of. 00:22:39.461 --> 00:22:42.670 And here are the hang tags and I believe many 00:22:42.670 --> 00:22:46.370 of you mentioned this the OR adhesive stickers indicating the country 00:22:46.370 --> 00:22:50.130 of origin and this would be an acceptable method of marking. 00:22:51.130 --> 00:22:53.130 I am the diamond engagement rings. 00:22:57.628 --> 00:23:01.310 Now let's talk about the marking of the jewelry box. 00:23:01.900 --> 00:23:05.540 Should it be marked with the same country of origin as the ring, 00:23:05.540 --> 00:23:09.120 or should it be marked with the country of origin of the box? 00:23:09.120 --> 00:23:11.010 Or is it exempt from marking? 00:23:11.010 --> 00:23:13.820 Or does the marking on the ring suffice? 00:23:13.820 --> 00:23:15.180 What do you all think? 00:23:17.167 --> 00:23:18.750 The box so. 00:23:19.433 --> 00:23:20.960 The box has to be marked. 00:23:22.433 --> 00:23:27.050 So should it be marked with the same controversion as the ring as an A? 00:23:27.050 --> 00:23:30.640 Or with a country of origin of the box, as in B. 00:23:30.640 --> 00:23:33.409 So I'm seeing a lot of A's some's. 00:23:35.089 --> 00:23:38.130 Did the marking on the ring suffices. 00:23:39.500 --> 00:23:42.890 And some bees with a country of origin of the box. 00:23:43.900 --> 00:23:46.120 Seeing several bees. 00:23:46.120 --> 00:23:53.680 D marking on the back on the rings offices, more beers and 1A 00:23:53.680 --> 00:23:55.320 with the same color. 00:23:55.320 --> 00:23:56.869 Country of origin as the ring. 00:24:02.700 --> 00:24:09.860 D So we're kind of like, everywhere, see, or DRA. 00:24:13.767 --> 00:24:18.640 The correct answer is the jewelry box should be marked with a country 00:24:18.640 --> 00:24:20.340 of origin of the box. 00:24:23.530 --> 00:24:27.090 And I know that's not necessarily intuitive, but I'll explain why 00:24:28.260 --> 00:24:29.260 and it comes. 00:24:30.040 --> 00:24:32.030 Uh, it's the result of this case. 00:24:32.030 --> 00:24:36.020 Bausch and Lomb incorporated versus the United States. 00:24:36.020 --> 00:24:40.150 UM at the Court of International Trade, considered the question 00:24:40.150 --> 00:24:43.650 of whether imported glasses that were. 00:24:43.650 --> 00:24:47.390 Imported glasses that were imported. 00:24:47.390 --> 00:24:49.730 Sorry, imported glass sunglass cases. 00:24:49.730 --> 00:24:54.890 157 Uh, we're disposable containers for purposes of country 00:24:54.890 --> 00:24:56.540 of origin marking requirements. 00:24:56.540 --> 00:25:05.370 paper or polyethylene bags or paper board boxes, which 19 CFR One 3424 lists 00:25:05.370 --> 00:25:12.260 as examples of disposable containers not required to be marked individually. 00:25:12.260 --> 00:25:22.240 paper or polyethylene bags or paper board boxes, which 19 CFR One 3424 lists 00:25:22.240 --> 00:25:29.230 as examples of disposable containers not required to be marked individually. 00:25:29.230 --> 00:25:32.010 With their own country of origin. 00:25:32.010 --> 00:25:36.920 So given that the jewelry cases did not appear to be of a kind, 00:25:36.920 --> 00:25:39.930 that is typically disposed of. 00:25:39.930 --> 00:25:45.210 They are required to be marked with their own country of origin. 00:25:45.210 --> 00:25:46.250 Draft. 00:25:47.540 --> 00:25:49.850 Yeah, sorry. 00:25:52.070 --> 00:25:58.239 So now that we've been talking about all these engagement rings, 00:25:58.240 --> 00:26:04.380 let's take a little trivia break and see if any of you know a little bit 00:26:04.380 --> 00:26:08.140 of history regarding engagement rings. 00:26:08.140 --> 00:26:13.030 And do you know when was the first time that a diamond appeared 00:26:13.030 --> 00:26:14.880 on an engagement ring? 00:26:14.880 --> 00:26:20.950 Was it when Roman general Marc Anthony and this is not Jlo's ex Marc Anthony? 00:26:20.950 --> 00:26:26.910 The post it Cleopatra Queen of Egypt or Louis the 15th of France, 00:26:26.910 --> 00:26:32.900 proposed to Madame Pompadour or Archduke Maximilian of Austria proposed 00:26:32.900 --> 00:26:35.460 to Mary of Burgundy, or lastly, 00:26:35.460 --> 00:26:39.100 when Prince Albert proposed to Queen Victoria. 00:26:39.100 --> 00:26:43.510 So I'm seeing a lot of Prince, Prince Albert or. 00:26:43.510 --> 00:26:46.600 Marc Anthony or. 00:26:46.600 --> 00:26:48.310 Here, who said? 00:26:48.310 --> 00:26:50.830 See D The last one. 00:26:50.830 --> 00:26:51.810 See. 00:26:51.810 --> 00:26:57.570 OK, so DDI am Maximilian OK. 00:26:58.800 --> 00:27:01.890 And that that's in bold. 00:27:02.920 --> 00:27:04.720 So a lot of seeds now. 00:27:09.700 --> 00:27:11.220 And roomy knows this. 00:27:11.220 --> 00:27:12.110 Maximilian. 00:27:12.110 --> 00:27:13.110 Alright. 00:27:13.780 --> 00:27:16.150 OK, let's hear from is right. 00:27:17.486 --> 00:27:19.260 Let's take a quick look. 00:27:20.633 --> 00:27:22.640 She is right. 00:27:22.640 --> 00:27:27.060 The correct answer is worth when Archduke Maximilian of Austria, 00:27:27.060 --> 00:27:34.520 Austria, proposed to marry Burgundy and this was in 1947 night 1477, 00:27:34.520 --> 00:27:36.190 Archduke Maximilian of Austria 00:27:36.190 --> 00:27:40.240 commissioned the very first diamond engagement ring on record 00:27:40.240 --> 00:27:44.080 for Mary of Burgundy, and this sparked a trend 00:27:44.080 --> 00:27:49.080 for diamond rings among European aristocracy and nobility. 00:27:50.033 --> 00:27:50.900 Umm. 00:27:50.900 --> 00:27:54.630 And do any of you all know how? 00:27:54.630 --> 00:27:59.330 If if it was forever as the diamond supposed to be. 00:27:59.330 --> 00:28:00.330 Did. 00:28:01.280 --> 00:28:04.990 How long they're marriage lasted, or if it lasted. 00:28:04.990 --> 00:28:05.870 Till the end. 00:28:05.870 --> 00:28:07.230 Does anyone know? 00:28:08.020 --> 00:28:10.990 Just out of curiosity now. 00:28:14.500 --> 00:28:15.290 Off with their head. 00:28:15.290 --> 00:28:15.380 No. 00:28:15.380 --> 00:28:17.860 Yeah, that could be. 00:28:17.860 --> 00:28:19.940 That would be more like England, right? 00:28:21.040 --> 00:28:22.550 And no idea. 00:28:22.550 --> 00:28:25.080 OK, well, this one. 00:28:25.080 --> 00:28:29.010 Apparently they did marry for love. 00:28:29.010 --> 00:28:31.110 And they had three children. 00:28:31.110 --> 00:28:35.550 But unfortunately, after five years, she had a horseback riding accident. 00:28:35.550 --> 00:28:36.410 So. 00:28:37.243 --> 00:28:39.360 That till death do us part. 00:28:39.360 --> 00:28:40.550 So yes, correct. 00:28:41.940 --> 00:28:43.760 OK, moving on. 00:28:43.760 --> 00:28:48.640 The second, uh ruling that I will be reviewing today 00:28:48.640 --> 00:28:55.710 is headquarters ruling H20, eight 1923 from November 2018 00:28:55.710 --> 00:28:58.800 and the subject of the ruling is the classification 00:28:58.800 --> 00:29:01.560 of an electronic flashing button. 00:29:05.304 --> 00:29:09.130 Now a little bit of information about this particular item. 00:29:09.130 --> 00:29:12.910 It is a circular hard plastic. 00:29:12.910 --> 00:29:17.850 With a PIN or clip mounted on the back 00:29:17.850 --> 00:29:21.990 and within the plastic housing there is an expression or saying 00:29:21.990 --> 00:29:24.300 such as happy Birthday. 00:29:24.300 --> 00:29:27.720 The greatest I made it et cetera. 00:29:27.720 --> 00:29:33.690 The button incorporates four rapidly flashing LED lights. 00:29:33.690 --> 00:29:39.060 The item is battery powered and has an on off switch located 00:29:39.060 --> 00:29:43.250 on the back and the button can be worn on a lapel. 00:29:43.250 --> 00:29:44.810 Or a shirt. 00:29:44.810 --> 00:29:50.080 It is a novelty item which is to be worn on festive occasions. 00:29:52.633 --> 00:29:56.670 The ruling, considered which one of the following headings uh 00:29:56.670 --> 00:30:01.920 the electronic flashing button should be classified in heading 7117, 00:30:01.920 --> 00:30:06.040 which provides for imitation jewelry heading 9505, 00:30:06.040 --> 00:30:10.930 which provides for festive articles, or heading 8543, 00:30:10.930 --> 00:30:14.650 which provides for electrical machines and apparatus. 00:30:16.704 --> 00:30:21.610 So it's your turn to weigh in before we review this ruling under 00:30:21.610 --> 00:30:26.520 which of these Hennings do you think that the electronic flashing button 00:30:26.520 --> 00:30:32.580 should be classified as heading 7117 for imitation jewelry? 00:30:32.580 --> 00:30:37.980 Umm, I'm seeing a lot of bees, so that would be heading 9505 00:30:37.980 --> 00:30:39.810 as festive articles. 00:30:41.032 --> 00:30:47.969 Or anybody for heading any 543 as electrical machines or apparatus. 00:30:47.970 --> 00:30:51.270 I mean it did have somebody 9929. 00:30:51.270 --> 00:30:52.733 Umm. 00:30:54.661 --> 00:30:59.980 It did have a battery and on off. 00:30:59.980 --> 00:31:04.350 Or, as specifically provided for under heading Diety 929 00:31:04.350 --> 00:31:08.730 as flashing electronic buttons, I got one vote for that. 00:31:10.167 --> 00:31:12.450 So I'm seeing some A's and B's. 00:31:13.700 --> 00:31:15.230 One see here. 00:31:18.100 --> 00:31:18.900 A sea. 00:31:24.033 --> 00:31:25.560 Any more votes? 00:31:26.967 --> 00:31:32.630 So D is the last one as an electronic flashing button 00:31:32.630 --> 00:31:34.910 specifically provided for. 00:31:36.167 --> 00:31:40.860 It is tricky, right knowing, UM, highly classified these items 00:31:40.860 --> 00:31:46.880 that can overlap among various headings, so I'm not gonna give you 00:31:46.880 --> 00:31:50.200 the final answer yet since I will be discussing it. 00:31:50.200 --> 00:31:55.640 Umm in more depth as we go through each heading potential heading. 00:31:55.640 --> 00:32:00.550 However I can tell you that heading 9929 does not exist and 00:32:00.550 --> 00:32:04.790 if it did there probably would be no need for this ruling 00:32:04.790 --> 00:32:07.410 as it would be specifically provided for. 00:32:07.410 --> 00:32:09.830 So that was kind of a trick question, I apologize. 00:32:10.979 --> 00:32:14.956 So moving on, let's begin with heading 8543, 00:32:14.957 --> 00:32:18.480 which covers electrical machines 00:32:18.480 --> 00:32:22.330 and apparatus, and I know a couple of you voted for that. 00:32:22.330 --> 00:32:27.720 Now the explanatory notes for heading 8543 state that 00:32:27.720 --> 00:32:33.070 if the merchandise is covered more specifically by a heading. 00:32:33.070 --> 00:32:36.230 Of another chapter of the tariff. 00:32:36.230 --> 00:32:41.930 Then it would not be classified in 8543. 00:32:41.930 --> 00:32:46.630 So could it be classified more specifically by any one 00:32:46.630 --> 00:32:49.150 of the other headings we are considering? 00:32:52.607 --> 00:32:56.410 So do you think that this could be considered jewelry? 00:32:56.410 --> 00:32:58.970 You know, some more specifically. 00:32:58.970 --> 00:33:00.130 So I'm seeing a, yes. 00:33:01.554 --> 00:33:04.140 So more specifically provided for us. 00:33:04.140 --> 00:33:06.490 So yeah, I'm seeing a couple yeses here. 00:33:06.490 --> 00:33:07.550 Yes. 00:33:10.033 --> 00:33:10.620 Anymore? 00:33:10.620 --> 00:33:11.780 Yeses or Nos. 00:33:12.920 --> 00:33:14.320 So yeah. 00:33:14.320 --> 00:33:17.490 See ohh OK, one now and one more. 00:33:20.230 --> 00:33:21.090 OK. 00:33:21.090 --> 00:33:22.760 Yes, yes. 00:33:22.760 --> 00:33:23.070 OK. 00:33:23.070 --> 00:33:24.920 No, another no. 00:33:27.838 --> 00:33:28.700 Personally, no. 00:33:28.700 --> 00:33:31.320 But with customs it could be yes. 00:33:31.320 --> 00:33:32.410 OK. 00:33:32.410 --> 00:33:38.240 Yeah, well, it's let's figure out here what it says. 00:33:38.240 --> 00:33:42.730 So in review of the electronic flashing button, headquarters noted 00:33:42.730 --> 00:33:48.890 that it features a PIN or clip upon which the button is mounted. 00:33:48.890 --> 00:33:54.470 And it is the type of pin or clip that it is that is routinely affixed 00:33:54.470 --> 00:34:00.250 to jewelry, pins or brooches that are worn on a lapel or a shirt. 00:34:02.167 --> 00:34:08.060 Therefore, the electronic flashing buttons are prima facie classifiable 00:34:08.060 --> 00:34:10.750 and heading 7117. 00:34:10.750 --> 00:34:12.940 As imitation jewelry. 00:34:15.300 --> 00:34:19.540 So the merchandise is potentially covered more specifically 00:34:19.540 --> 00:34:20.940 by another heading. 00:34:20.940 --> 00:34:26.130 Therefore it would not be classified in the heading 8543. 00:34:26.130 --> 00:34:27.550 Yeah, she does not look happy. 00:34:27.550 --> 00:34:28.550 That's grumpy cat. 00:34:32.580 --> 00:34:37.800 Out a quick trivia break on the topic of pins or brooches. 00:34:37.800 --> 00:34:41.050 Do any of you know who wrote the book? 00:34:41.050 --> 00:34:48.550 Read my pins about their use of jewelry to convey foreign policy messages. 00:34:48.550 --> 00:34:54.000 Was it Queen Elizabeth, Hillary Clinton, Margaret Thatcher, 00:34:54.000 --> 00:34:56.030 or Madeleine Albright? 00:34:56.030 --> 00:34:57.178 So I'm seeing. 00:34:57.178 --> 00:34:59.510 DJ's CD's. 00:34:59.510 --> 00:35:00.910 Dees. 00:35:00.910 --> 00:35:04.890 Uh people really seem to know this day is a lot of D's here. 00:35:05.767 --> 00:35:06.860 You're gonna. 00:35:06.860 --> 00:35:07.520 Yeah. 00:35:07.520 --> 00:35:10.370 OK, another D Albright. 00:35:11.700 --> 00:35:14.210 So a lot of these, Madeline. 00:35:16.033 --> 00:35:17.820 So a lot of you seem to. 00:35:19.700 --> 00:35:21.400 Be familiar with this. 00:35:22.380 --> 00:35:24.110 So a lot of deeds. 00:35:25.767 --> 00:35:29.000 OK, so I'll give you a couple more seconds. 00:35:29.000 --> 00:35:31.220 What me, I know I don't. 00:35:31.220 --> 00:35:38.380 I don't wear jewelry to convey foreign policy messages. 00:35:44.367 --> 00:35:46.380 OK, let's find out who it was. 00:35:46.380 --> 00:35:48.230 It was Madeleine Albright. 00:35:48.230 --> 00:35:49.900 And I think a lot of you. 00:35:49.900 --> 00:36:02.250 And a snake pen Albright wore was a response to Iraqi officials description 00:36:02.250 --> 00:36:05.610 of her as an unparalleled serpent. 00:36:05.610 --> 00:36:10.480 She also once wore a bug pin to let Russian diplomats know 00:36:10.480 --> 00:36:16.240 that the US was unhappy that a State department room had been bugged. 00:36:16.240 --> 00:36:18.320 That's pretty big bug. 00:36:18.320 --> 00:36:22.840 You can see it on her lapel there speaking, I guess, 00:36:22.840 --> 00:36:24.490 in front of the United Nations. 00:36:28.633 --> 00:36:29.210 OK. 00:36:29.210 --> 00:36:32.753 So moving on, while the electronic flashing pins 00:36:32.754 --> 00:36:37.116 are potentially classifiable in heading 7117, 00:36:37.117 --> 00:36:40.720 heading 9505 must also be considered. 00:36:40.720 --> 00:36:44.060 And classification of merchandise as festive articles 00:36:44.060 --> 00:36:46.670 under Chapter 95 requires that you. 00:36:46.670 --> 00:36:50.280 That the article satisfy two criteria. 00:36:50.280 --> 00:36:56.390 One, it must be closely associated with a festive occasion, and two, 00:36:56.390 --> 00:37:00.357 it must be used or prints or displayed principally 00:37:00.358 --> 00:37:02.690 during that festive occasion. 00:37:02.690 --> 00:37:09.260 In addition, the item must be closely associated with a festive occasion 00:37:09.260 --> 00:37:13.050 to the degree that the physical appearance of an article is 00:37:13.050 --> 00:37:18.650 so intrinsically linked to that festive occasion that it's used during. 00:37:18.650 --> 00:37:23.670 Any other time periods would be very abnormal, aberrant, aberrant. 00:37:27.032 --> 00:37:32.999 So if the buttons are potentially classifiable under heading. 00:37:33.000 --> 00:37:40.300 7117 and heading 9505 how do we determine which one applies? 00:37:42.000 --> 00:37:47.770 GRI 3, A, which states in pertinent part when the goods are. 00:37:47.770 --> 00:37:52.010 Prima facie, classifiable under two or more headings, the heading 00:37:52.010 --> 00:37:57.210 which provides the most specific description shall be preferred to. 00:37:58.200 --> 00:37:58.410 Umm. 00:37:58.410 --> 00:38:01.400 Headings, providing a more general description. 00:38:04.500 --> 00:38:05.720 So. 00:38:05.720 --> 00:38:10.030 Which one do you think is most specific? 00:38:10.030 --> 00:38:15.910 So Lasten heading would be if it was Jari 3C. 00:38:15.910 --> 00:38:22.310 We're looking at GR3A here, so do you all think the imitation jewelry 00:38:22.310 --> 00:38:25.480 or festive articles or you are a cat or dog person? 00:38:30.374 --> 00:38:34.370 So I'm seeing some festive so you think festive is more, more general. 00:38:34.370 --> 00:38:36.580 You're a cat person, OK? 00:38:36.580 --> 00:38:37.690 Like. 00:38:40.633 --> 00:38:42.350 Imitation jewelry. 00:38:42.350 --> 00:38:43.510 OK, festives. 00:38:43.510 --> 00:38:44.510 I'm seeing kind of. 00:38:45.630 --> 00:38:46.630 Umm. 00:38:48.100 --> 00:38:51.080 Almost like 5050 that you're a dog person. 00:38:51.633 --> 00:38:55.340 I have one of each, so used to have four but. 00:38:58.640 --> 00:39:00.670 Any 505. 00:39:00.670 --> 00:39:09.730 OK, so I'm seeing kind of like a 5050 on where you think it might end up? 00:39:09.730 --> 00:39:12.050 Or what is more specific? 00:39:12.050 --> 00:39:14.490 So let's find out. 00:39:16.033 --> 00:39:19.490 Now, imitation jewelry is limited to small items 00:39:19.490 --> 00:39:23.820 of personal adornment that do not contain an appreciable amount 00:39:23.820 --> 00:39:27.733 of precious or semi precious stones or metal, 00:39:27.733 --> 00:39:31.010 making them imitation and festive. 00:39:31.010 --> 00:39:35.430 Articles, on the other hand, need to be closely associated with 00:39:35.430 --> 00:39:38.880 and used or displayed during a festive occasion. 00:39:39.808 --> 00:39:45.370 Now, because heading 9505 covers a far broader range of items 00:39:45.370 --> 00:39:47.340 than heading 7117. 00:39:47.340 --> 00:39:51.930 In this case, heading 7117 is more specific. 00:39:52.990 --> 00:39:57.440 Heading 7117 is also more specific because it describes the item 00:39:57.440 --> 00:40:04.310 by name imitation jewelry that rather than a class festive articles, 00:40:04.310 --> 00:40:06.708 a category festive articles, 00:40:06.709 --> 00:40:12.410 the imitation jewelry heading is more specific than the festive articles. 00:40:12.410 --> 00:40:18.610 Umm, heading because it covers a narrower set of items and as a result. 00:40:18.610 --> 00:40:24.540 Are the imported merchandise is classifiable under heading 7117? 00:40:24.540 --> 00:40:28.460 Rather than under heading 9505. 00:40:35.320 --> 00:40:41.140 By application of GRI one and three AV electronic flashing buttons 00:40:41.140 --> 00:40:45.470 are classified and heading 7117 specifically 00:40:45.470 --> 00:40:52.520 in heading 7117 ninety Seventy 57500 which provides for a plastic jewelry. 00:40:55.600 --> 00:41:00.730 So that concludes my discussion of these two headquarters rulings. 00:41:00.730 --> 00:41:03.850 And here is the website where this ruling 00:41:03.850 --> 00:41:11.550 where this webinar will be posted as well as other helpful CBP webinars. 00:41:11.550 --> 00:41:16.280 And here is the website where you can request a binding ruling. 00:41:18.967 --> 00:41:23.140 And here is my contact information if you would like to reach me. 00:41:23.140 --> 00:41:27.480 I thank everyone for attending and does anyone have any questions 00:41:27.480 --> 00:41:30.830 I see here isn't the pin made of metal? 00:41:30.830 --> 00:41:36.760 Umm, it probably had some metal, but it was predominantly plastic 00:41:36.760 --> 00:41:42.460 and probably the visual appeal large part of it was from the plastic. 00:41:42.460 --> 00:41:42.990 Thank you. 00:41:42.990 --> 00:41:44.460 Thank you so much. 00:41:44.460 --> 00:41:44.880 Thank you. 00:41:44.880 --> 00:41:45.880 I appreciate it. 00:41:53.500 --> 00:41:54.080 Thank you. 00:41:58.500 --> 00:42:03.370 Any updates on the headquarter ruling on the cubic zirconia jewelry? 00:42:03.370 --> 00:42:04.320 Not yet. 00:42:04.320 --> 00:42:04.670 Sorry. 00:42:04.670 --> 00:42:06.540 I know people are interested in that. 00:42:06.540 --> 00:42:06.810 Not yet. 00:42:08.233 --> 00:42:09.360 Thank you. 00:42:13.433 --> 00:42:18.110 And I'll I'll go back to the uh the link where the oh, there it is. 00:42:18.110 --> 00:42:20.430 Where the Jenny. 00:42:21.367 --> 00:42:23.640 Posted and and I want to thank very much. 00:42:23.640 --> 00:42:30.790 I'm Jinny and Rumi and Miriam and Fung 00:42:30.790 --> 00:42:37.300 for making this webinar possible and making it easy for me 00:42:37.300 --> 00:42:40.490 with all of their incredible expertise. 00:42:40.490 --> 00:42:42.050 I really appreciate it. 00:42:42.050 --> 00:42:42.910 Thank you. 00:42:42.910 --> 00:42:43.910 Thank you so much. 00:42:52.767 --> 00:42:55.406 And yet the questions. 00:42:57.033 --> 00:42:58.310 290 Thank you. 00:43:04.343 --> 00:43:05.820 Thank you so much. 00:43:05.820 --> 00:43:06.820 Really appreciate it. 00:43:08.080 --> 00:43:09.150 Hopefully it was clear. 00:43:22.427 --> 00:43:24.140 So I think thank you so much. 00:43:24.140 --> 00:43:25.550 Thank you everyone. 00:43:26.567 --> 00:43:30.840 Let me see our will there be ohh uh for ICP. 00:43:30.840 --> 00:43:36.350 I definitely would uh like to work towards having a jewelry ICP 00:43:36.350 --> 00:43:38.420 in the near future. 00:43:38.420 --> 00:43:39.490 Thank you Ricardo. 00:43:39.490 --> 00:43:40.360 Appreciate it. 00:43:42.967 --> 00:43:44.390 Thank you, Ivan. 00:43:51.233 --> 00:43:51.910 Thanks. 00:43:56.500 --> 00:43:58.390 Any other questions? 00:44:03.833 --> 00:44:04.480 Thank you. 00:44:12.490 --> 00:44:15.420 I'm glad you enjoyed being part of the action 00:44:15.420 --> 00:44:18.460 and I appreciate your participation. 00:44:18.460 --> 00:44:20.580 It really makes a big difference for me. 00:44:20.580 --> 00:44:21.580 Thank you. 00:44:30.777 --> 00:44:33.020 Looks like we don't have any more questions. 00:44:33.020 --> 00:44:36.330 I thank you all very much for attending and I thank you all 00:44:36.330 --> 00:44:39.840 for bearing with me and participating. 00:44:39.840 --> 00:44:41.560 I really appreciate it. 00:44:41.560 --> 00:44:42.690 Thank you. 00:44:45.700 --> 00:44:51.040 Apart from this webinar, don't have any currently uh scheduled, 00:44:51.040 --> 00:44:55.110 but there is definitely many webinars that are being offered 00:44:55.110 --> 00:44:57.690 by national import specialist. 00:44:57.690 --> 00:44:58.400 Umm. 00:44:58.400 --> 00:45:00.460 I'm almost weekly. 00:45:02.870 --> 00:45:06.680 And there should be the schedule on the CBP website. 00:45:10.009 --> 00:45:10.610 Thank you all. 00:45:32.895 --> 00:45:34.090 Ah, there you go. 00:45:34.090 --> 00:45:35.430 There's the list. 00:45:35.430 --> 00:45:37.640 June of UH webinars. 00:45:37.640 --> 00:45:38.680 Thank you. 00:45:42.633 --> 00:45:44.810 Yeah, there's many webinars. 00:45:45.833 --> 00:45:50.577 Uh provided by all the different national import specialist here 00:45:50.577 --> 00:45:51.790 at customs. 00:45:52.967 --> 00:45:58.290 Covering a wide variety of merchandise and issues. 00:45:58.290 --> 00:46:02.120 If any of you all I'll are interested, great. 00:46:49.730 --> 00:46:53.230 So I don't see any more questions and thank you all for attending.