N356876

N356876 January 13, 2026 CLA-2-71:OT:RR:NC:N1:128 CATEGORY: Classification, Trade Programs TARIFF NO.: 7103.10.2000 Ms. Kelly D Zytaruk Kelly Rocks 16 Harrison Place Georgetown, Ontario L7G 4S5 Canada RE: The tariff classification, country of origin, marking, and USMCA eligibility of amethysts. Dear Ms. Zytaruk: In your letter dated December 10, 2025, you requested a tariff classification ruling. The merchandise under consideration is described as amethyst clusters, druzys, and points. You state that the amethysts are obtained directly from the Thunder Bay mine in Ontario, Canada. After mining, they are cleaned but do not undergo any further processing. You state that the amethysts are sold to collectors and commercial resellers. In your ruling request you suggest classification of the amethyst clusters, druzys, and points in 2506.10, Harmonized Tariff Schedule of the United States (HTSUS), as quartz other than natural sands, stating that the stones aren’t precious or semiprecious and are not of gemstone quality. However, according to the Thunder Bay mine website (https://www.visitthunderbay.com/en/see-and-do/amethyst-mining.aspx), the amethysts sourced from their mine are semiprecious and are suitable for use in jewelry, goldsmiths’ or silversmiths’ wares: “Thunder Bay is in the heart of amethyst country. These semi-precious gems are found in quality and quantity in Thunder Bay and along the north shore of Lake Superior…grab polished amethyst gift items and jewelry from one of the many gift shops throughout the city and region.” Chapter 25, Note 2(g) states in pertinent part, “This chapter does not cover: precious or semiprecious stones (heading 7102 or 7103).” Classification of the amethysts in heading 2506.10, HTSUS, is precluded. Alternatively, you suggest classification of the amethysts in heading 9705, HTSUS, as collections and collectors’ pieces of archaeological, ethnographic, historical, zoological, botanical, mineralogical, anatomical, paleontological or numismatic interest. However, Chapter 97, Note 1(c) states in pertinent part, “This Chapter does not cover: Pearls, natural or cultured, or precious or semiprecious stones (headings 7101 to 7103).” Classification of the amethysts in heading 9705, HTSUS, is also precluded. The applicable subheading for the amethyst clusters, druzys, and points will be 7103.10.2000, HTSUS, which provides for “Precious stones (other than diamonds) and semiprecious stones, whether or not worked or graded but not strung, mounted or set…Unworked or simply sawn and roughly shaped: Unworked.” The general rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current. You have also requested a ruling on the country of origin, applicability under the United States-Mexico-Canada Trade Agreement (USMCA) and marking of the amethyst clusters, druzys, and points. 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 United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States, the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940). Section 134.1(b), CBP Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of the marking laws and regulations. Pursuant to section 102.0, interim regulations, related to the marking rules, tariff-rate quotas, and other USMCA provisions, published in the Federal Register on July 6, 2021 (86 FR 35566), the rules set forth in sections 102.1 through 102.18 and 102.20 determine the country of origin for marking purposes with respect to goods imported from Canada and Mexico. Section 102.11 provides a required hierarchy for determining the country of origin of a good for marking purposes, with the exception of textile and apparel goods which are subject to the provisions of 19 CFR 102.21. See 19 CFR 102.11. Applied in sequential order, 19 CFR 102.11(a) provides that the country of origin of a good is the country in which: (1) The good is wholly obtained or produced; (2) The good is produced exclusively from domestic materials; or (3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in Part 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied. From the information you provided, the amethysts at issue are mined in Thunder Bay, Ontario, Canada. They are washed, but are not processed or worked in any other way prior to exportation from Canada to the United States. They are therefore considered wholly obtained or produced in Canada under 19 CFR 102.11(a)(1). As such, the country of origin for marking purposes is Canada. USMCA: The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30, 2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note (“GN”) 11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA. GN 11(b) states: For the purposes of this note, a good imported into the customs territory of the United States from the territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule as a “good originating in the territory of a USMCA country” only if- (i) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries; (ii) the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from originating materials; (iii) the good is a good produced entirely in the territory of one or more USMCA countries using non-originating materials, if the good satisfies all applicable requirements set forth in this note (including the provisions of subdivision (o). From the information you provided, the amethysts at issue are mined in Thunder Bay, Ontario, Canada. They are washed, but are not processed or worked in any other way prior to exportation from Canada to the United States. Based on the facts provided, the goods described above qualify for USMCA preferential tariff treatment, because they will meet the requirements of HTSUS General Note 11(b)(i). The goods will therefore be entitled to Free rate of duty under the USMCA upon compliance with all applicable laws, regulations, and agreements. You have also requested a ruling on an acceptable country of origin marking for the amethysts. A photograph of the proposed marking was submitted with your letter for review. The photograph you provided shows a sticker affixed to a cardboard box. The sticker is wh

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 Nicole Sullivan at nicole.d.sullivan@cbp.dhs.gov. 
Sincerely,
 (for) Evan Conceicao Designated Official Performing the Duties of the Division Director National Commodity Specialist Division