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NY 806030



January 27, 1995

CLA-2-91:S:N:N8:344 806030

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9105.91.80

Mr. W. J. Gonzalez
Trans-Union Customs Service
11941 S. Prairie Avenue
Hawthorne, CA 90250

RE: The tariff classification and marking of a quartz analog table clock from China.

Dear Mr. Gonzalez:

In your letter dated January 12, 1995, on behalf of Credit Promotions, you requested a tariff classification and marking ruling.

The submitted sample, "Dome Clock," is a quartz analog, battery powered table clock with a plastic case, measuring approximately 3 3/4" by 4 3/4".

The applicable subheading for the Dome Clock will be 9105.91.80, Harmonized Tariff Schedule of the United States (HTS), which provides for Other clocks: Other: Battery or AC powered: Other. The rate of duty will be 30 cents each plus 6.9% on the case plus 5.3% on the battery.

You have also asked if this clock meets the requirements okf Section 304 of the U.S. Tariff Act and the special marking requirements of Chapter 91, Additional U.S. Note 4.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanenetly as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Your clock is marked by means of "blind stamping" with the words China Mov't; Hung Wai Industries; Made in China. Assuming the movement is indeed made in China, the marking "Made in China" is all that is necessary for Section 304 purposes.

The Special Marking Requirements in Chapter 91 concerning clocks are as follows:

(b) Clock movements shall be marked on the most visible part of the front or back plate to show:

(i) the name of the country of manufacture; (ii) the name of the manufacturer or purchaser; and (iii) the number of jewels, if any.

(d) Clock cases provided for in this chapter shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture.

Examination of your clock's movement revealed none of the markings indicated in (b) (i), (ii) or (iii). Therefore, your clock would be considered as "Not Legally Marked." Assuming the clock case is made in China, you have met the requirements of (d) set out above.

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
New York Seaport

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