The classification, origin, marking, and eligibility under subheading 9802.00.5060 for a gold diamond necklace

N353504 October 6, 2025 OT:RR:71:NC:N4:441 CATEGORY: Origin David Murphy GDLSK 225 East 57th Street, New York, NY 10022 RE: The classification, origin, marking, and eligibility under subheading 9802.00.5060 for a gold diamond necklace Dear Mr. Murphy: In your letter dated September 9, 2025, you requested a ruling on behalf of your client, Ashi Diamonds, LLC. You have submitted photographs, product description, and manufacturing information on a gold diamond necklace for our review. Style 93762FHNKYG is a 14 karat gold open heart necklace studded with diamonds. The manufacturing steps performed in the United States are as follows: Jewelry designed Create the wax model Spruing, investing, and wax burnout Metal casting Cooling and mold break-out Sprue cutting, pre-finishing, and tumbling The manufacturing steps performed in India are as follows: Connect/soldered individual links Setting diamonds and finishing Logo engraving and packaging You have provided four scenarios: Scenario 1 The gold or platinum castings will be exported from the United States. In India, the pendant will be linked to an Indian-origin chain. India-origin diamonds will be set in the pendant casting. Scenario 2 The gold or platinum casting and the diamonds for the necklace will be exported from the United States. The diamonds will be imported and duty paid by Ashi Diamonds, LLC, or purchased domestically. In India, the pendant will be linked to an Indian origin chain. The United States exported diamonds will be set in the pendant casting. Scenario 3 The gold or platinum casting and chain for the necklace will be exported from the United States. The chain will be produced in the United States or purchased domestically and exported cut to length ready for assembly with the pendant. In India, the pendant will be linked to an U.S. origin and duty paid chain. The India origin diamonds will be set in the pendant casting. Scenario 4 The gold or platinum casting, diamonds, and chain for the necklace will be exported from the United States. The chain will be produced in the United States or purchased domestically and exported cut to length ready for assembly with the pendant. The diamonds will be imported and duty paid by Ashi Diamonds, LLC, or purchased domestically. In India, the pendant will be linked to the United States origin and duty paid chain. The diamonds will be set in the pendant casting. In each of the above four scenarios, the pendant is cast in the United States. The applicable subheading for Style 93762FHNKYG, 14 karat gold open heart necklace studded with diamonds will be 7113.19.2900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal: Of precious metal whether or not plated or clad with precious metal: Other: Necklaces and neck chains, of gold: Other.” Your request also concerns the eligibility of the 14 karat gold open heart necklace studded with diamonds under subheading 9802.00.5060, HTSUS. Subheading 9802.00.5060, HTSUS, provides a partial or complete duty exemption for articles returned to the U.S. after having been exported to be advanced in value or improved in condition by any process of manufacture or other means, provided that the documentary requirements of Section 10, Customs Regulations (19 CFR 10.8) are satisfied. Pursuant to 19 CFR 10.8, the importer must submit a declaration executed by the person who performed the repairs or alterations and a declaration of his own containing various attestations. Articles eligible under subheading 9802.00.5060 are subject to duty upon the value of the repairs, alterations, processing, or otherwise changes in condition abroad, pursuant to Note 3 to Subchapter II, Chapter 98, HTSUS. We find the described foreign processing acceptable for the purposes of 9802.00.5060, HTSUS. Accordingly, upon reimportation, the 14 karat gold open heart necklace studded with diamonds will be eligible for tariff treatment under 9802.00.5060, HTSUS, provided the documentary requirements of 19 CFR 10.8 are satisfied. When determining the country of origin, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter (HQ) H301619, dated November 6, 2018. The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc. v. U.S., 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. U.S., 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993). In each of the four scenarios, you propose that the country of origin of this jewelry is the United States. We agree. The casting of the jewelry in the United States provides the essence of the finished product. Setting the diamonds and performing final finishing does not substantially transform castings. As a result, the country of origin of the 14 karat gold open heart necklace studded with diamonds is the United States. Therefore, the finished article will be considered a product of the United States for marking purposes and for purposes of trade remedies. Since the country of origin will be the United States, the jewelry will be excepted from country of origin marking requirements and will not be subject to additional trade remedy measures, such as reciprocal or global tariffs. The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 Vikki Lazaro at vikki.lazaro@cbp.dhs.gov. Sincerely, (for) Denise Faingar Designated Official Performing the Duties of the Division Director National Commodity Specialist Division