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NY 883853



March 31, 1993

CLA-2-:91:S:N:N8:344 883853

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.10; 9102.11.70; 9608.10.0000

Mr. Joel Greenstein
Premiums, Promotions & Imports, Inc.
Suite 234 - 2441 Bellevue Avenue
Daytona Beach, FL 32114

RE: The tariff classification of quartz analog wrist watches and ball point pens from China.

Dear Mr. Greenstein:

In your letter of March 10, 1993, you requested a tariff classification ruling on quartz analog wrist watches and ball point pens.

You have submitted two hinged and fitted presentation boxes, each containing two wrist watches and two metal ball point pens. The watches in one box are battery powered quartz analog (a lady's and a man's) having three jewels in the movement, with gold-plated cases and leather bands. The watches in the other box are battery powered quartz analog (a lady's and a man's) with gold-plated bezels and a metal and gold-plated case and bracelet. The lady's watch contains no jewels in the movement and the man's watch contains one jewel in the movement.

The applicable subheading for the two wrist watches with leather bands and three jewels in the movements will be 9102.11.70, 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: Other: Other: with gold- or silver-plated case. The rate of duty will be 80 cents each plus 6% on the case plus 2.8% on the strap, band or bracelet plus 5.3% on the battery.

The applicable subheading for the two wrist watches with metal and gold-plated cases and bracelets and one jewel and no jewels in the movements will be 9102.11.10, 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: with strap, band or bracelet of textile material or of base metal, whether or not gold- or silver-plated: with gold- or silver-plated case. The rate of duty will be 44 cents each plus 6% on the case plus 14% on the strap, band or bracelet plus 5.3% on the battery.

The applicable subheading for the metal ball point pens will be 9608.10.0000, HTS, which provides for ball point pens. The rate of duty will be 0.8 cent each plus 5.4% ad valorem.

The value of the fitted presentation boxes, which are considered to be packing and not separately classifiable, should be prorated over the cost of the watches and ball point pens.

It is noted that all four of the watches in question bear the word "Geneva" on the dial at the 12 o'clock position. Although you have indicated to us by telephone that you will not be importing these watches bearing the word "Geneva", we would remind you that such marking is in violation of the country of origin marking requirements of 19 U.S.C. 1304. Such marking would be misleading to an ultimate purchaser in the U.S., inasmuch as the impression imparted by "Geneva" is that the watch is a product of Switzerland when in actuality the watch is a product of China.

In addition to the country of origin marking requirements, watches must also comply with special marking requirements contained in Chapter 91 of the HTSUSA, Note 4.

The leather bands and metal bracelets, as well as the ball point pens, must also be marked with their countries of origin in accordance with 19 U.S.C. 1304.

Your samples are being returned.

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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