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NY 897315



May 9, 1994

CLA-2-91:S:N:N8:344 897315

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.11.30

Mr. Steve De Castro
All-Ways Forwarding Int'l., Inc.
Hemisphere Center
U.S. RT 1-9 South
Newark, NJ 07114

RE: The tariff classification of a brooch watch from Japan.

Dear Mr. De Castro:

In your undated letter, received in this office on April 26, 1994, on behalf of U.T.I. Time Corporation, you requested a tariff classification ruling.

The submitted sample, item #16273, is a quartz analog brooch watch with no jewels. The plastic brooch is a figure of a woman's head wearing a gold colored cloche hat trimmed with rhinestones and an iridescent and gold colored collar. A metal "0" ring attached to the brooch holds the watch. A rhinestone ornament is attached at the bottom of the watch. A bar type clasp is glued to the back of the brooch.

The applicable subheading for the watch brooch will be 9102.11.30, Harmonized Tariff Schedule of the United States (HTS), which provides for Wrist watches, pocket watches and other watches...battery powered...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. Item #16273 has no strap, band or bracelet.

You have asked what the country of origin would be for this article. The country of origin of a watch is the country in which the movement is assembled. In this case the movement is made in Japan. You have also asked if the country of origin marking is conspicuous enough to meet Section 1304 marking requirements.

The marking on the dial, "Japan Movt", is too small to be read without strain. We would not consider this marking to be conspicuous for Section 1304 marking purposes. Additionally, the sticker on the back outside case, "Made in Hong Kong", should be removed, as this marking would be confusing to the consumer and would render your watch "Not Legally Marked". Watch cases do not have to be marked for Section 1304 purposes. However, you may use an adhesive sticker marked "Made in Japan" or "Japan Mvt" on the outside back case cover in lieu of or in addition to the marking on the dial.

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

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