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NY 859268


January 7, 1991

CLA-2-:91:S:N:N3G:344

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.45

Mr. Bruce D. Roberts
Sid Glukstad Inc.
P.O. Box 523730
Miami, FL 33152-3730

RE: The tariff classification of a watch assembled in China.

Dear Mr. Roberts:

In your letter of December 19, 1990, on behalf of Hardrock Cafe Inter- national of North Fort Myers, Florida, you asked for a tariff classification ruling on a "Hardrock Black" watch from China.

The "Hardrock Black" watch submitted with your letter is a battery- operated quartz analog wrist watch with a black plastic watch case and a black watch strap. The watch dial is black with green numerals and green lettering that reads "HardRock Orlando." The watch movement, made in Japan, has no (0) jewels. The watch case will originate in China or Hong Kong and you indicate that the watch will be assembled in China.

The applicable subheading for the "Hardrock Black" quartz analog watch will be 9102.11.45, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, battery powered...with mechanical display only: having no jewels or only one jewel in the movement: other: other. The rate of duty will be 40 cents each + 8.5% on the case + 2.8% on the strap + 5.3% on the battery.

You have asked for a ruling concerning the marking. The watch movement and the watch case are marked as per the Special Marking Requirements of chapter 91, additional U.S. note 4(a)(b).

However, the watch is not marked to indicate its country of origin and is therefore not legally marked as to the requirements of section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304). The country of origin of a watch is the same as the country of origin of its movement. The "Hardrock Black" watch must be marked "Made in Japan" or " Japan Movement". This marking must appear on the watch dial immediately below "Orlando" in lettering at least of comparable size as the "Orlando" marking, as required in section 134.46, Customs Regulations.

The watch strap must also be marked to indicate its country of origin.

The sample watch is being returned to you.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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,

Jean F. Maguire
Area Director

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