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NY 895727




March 28, 1994

CLA-2-91:S:N:N8:344 895727

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.29.35; 9102.29.40

Ms. Renee R. Richardson
Richardson Associates
106 North Road
Fremont, New Hampshire 03044

RE: The tariff classification and marking of mechanical wrist watches from Russia.

Dear Ms. Richardson:

In your letter of March 8, 1994, you requested a tariff classification and marking ruling on three mechanical wrist watches.

The samples you submitted are:

1. A mechanical wrist watch, with a metal case, a metal band and having 17 jewels in the movement.

2. A mechanical wrist watch, with a metal case, a rubber strap and having 17 jewels in the movement.

3. A mechanical wrist watch, with a metal case, a plastic strap and having 17 jewels in the movement.

The applicable subheading for watch #1 will be 9102.29.35, Harmonized Tariff Schedule of the United States (HTS), which provides for Other wrist watches: Having over 7 but not over 17 jewels in the movement: With movement valued not over $15 each: With movement measuring over 15.2 mm: With strap, band or bracelet of textile material or of base metal, whether or not gold- or silver-plated. The rate of duty will be $2.29 each plus 6% on the case plus 14% on the strap band or bracelet.

The applicable subheading for watches #2 and #3 will be 9102.29.40, HTS, which provides for Other wrist watches, Having over 7 but not over 17 jewels in the movement: With movement valued not over $15 each: With movement measuring over 15.2 mm: Other. The rate of duty will be $2.29 each plus 6% on the case plus 2.8% on the strap, band or bracelet.

You have asked about special markings and the country of origin marking requirements for your watches.

Watches are required to be marked in accordance with the special marking requirements specified in chapter 91, U.S. note 4, HTS, and they 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).

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

The special marking requirements for your watches are as follows:

(a) Watch movements shall be marked on one or more of the bridges or top plates to show:

(i) the name of the country of manufacture (of the movement);
(ii) the name of the manufacturer or purchaser; and (iii) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings.

(c) Watch cases shall be marked on the inside or the 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 or purchaser.

For purposes of section 304, the country of origin of a watch is the same as the country of origin of its movement. This marking may be placed on the face of the dial or on the outside surface of the back cover of the watch case. An adhesive sticker may be used for the section 304 marking so long as the sticker is affixed so securely that unless deliberately removed it will remain on the watch while it is in storage or on display and until delivered to the ultimate purchaser. This marking is intended to enable the ultimate purchaser to make an informed purchase decision based on the country of origin.

If the watch strap is made in a country other than the country of the movement, the strap must also be marked to show its country of origin, as required by section 304, Tariff Act of 1930, as amended (19. U.S.C. 1304).

You have asked us to inform you as to whether or not the markings on your watches comply with U.S. Customs regulations. We were unable to remove the back case covers of watches #1 and #2, therefore, we are unable to comment on the special marking requirements for the movement and case. With regard to the country of origin marking requirements (section 304) and (c)(i) of the special marking requirements, watch #2 has the words "Made in Russia" on the outside back of the case and therefore meets the 304 requirement and partially meets the special marking requirements. The band was not marked.

Watch #1 has no marking either on the dial or the outside back of the case or band and therefore is not in compliance with section 304.

Watch #3 has no markings on the movement, case, dial or band, and therefore is not in compliance with either the special marking requirements or with section 304.

Your watches are being returned as requested.

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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