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NY 875514



June 24, 1992

CLA-2-:91:S:N:N3G:344 875514

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.11.30

Ms. Claire Bernstein
V.I.P. Personalized Product
3411 N.W. 21st Street
Coconut Creek, Florida 33066

RE: The tariff classification of a quartz analog wrist watch with movement made in Japan or Switzerland, watch assembled in China and exported from Hong Kong.

Dear Ms. Bernstein:

In your letter of June 10, 1992, you requested a tariff classification ruling on a quartz analog wrist watch.

You have not provided this office with a sample of the watch, however, you describe the watch as having a battery operated quartz analog movement, with no jewels, in a gold- plated case, with a leather strap. The movement will be made either in Japan by the Miyota Company or in Switzerland and then sent to China where it will be encased (assembled) into a Chinese made watch case.

The applicable subheading for the battery powered quartz analog wrist watch will be 9102.11.30, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, battery powered, whether or not incorporating a stop watch facility: with mechanical display only: having no jewels or only one jewel in the movement: Other: with gold- or silver-plated case. The rate of duty will be 44 cents each plus 6% on the case plus 2.8% on the strap, band or bracelet plus 5.3% on the battery.

You have also requested marking requirements for these watches. Your watches must be marked to indicate the name of the country of origin, as required by section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304). The country of origin marking may be placed on the face of the dial or on the outside surface of the back cover of the watch case. For purposes of section 304, the country of origin of a watch is the same as the country of origin of its movement. For your watches containing movements assembled in Japan, the country of origin is Japan and for the watches containing movements assembled in Switzerland the country of origin is Switzerland.

Accordingly, the watches with movements assembled in Japan should be marked "Japan" or "Japan movt." The watches with Swiss movements should be marked "Swiss" or "Swiss movt."

Alternative, acceptable, section 304 markings would be: "Japan" or "Movt Japan"--"Watch Assembled in China," or, in the case of the Swiss-made movement "Swiss" or "Movt Swiss"--"Watch Assembled in China."

The leather watch strap must also be marked to show the name of the country of origin of the strap.

Additionally, your watch must also be marked as required by the Special Marking Requirements of Chapter 91, U.S. note 4, HTS.

U.S. note 4, Chapter 91, specifies that the special markings are to be conspicuously and indelibly marked by cutting, die- sinking, engraving, stamping or mold-marking (either indented or raised), as follows:

(i) The name of the country of manufacture [of the movement];
(ii) The name of the manufacturer [of the movement] or purchaser; and
(iii) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings.
watch cases shall be marked on the inside or outside of the back to show:

(i) the name of the country of manufacture [of the watch case]; and
(ii) the name of the manufacturer [of the watch case] or purchaser.

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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