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NY 812444



July 28, 1995

CLA-2-91:S:N:N6:344 812444

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.11.45; 6913.90.5000

Mr. Russell Holmgren
Fritz Companies, Inc.
Hemisphere Center
Route 1 & 9 South
Newark, NJ 07114
.
RE: The tariff classification of a quartz analog watch and a ceramic container from Japan and Italy.

Dear Mr. Holmgren:

In your letter dated July 7, 1995, on behalf of Penta Rey International, Inc., Arlington, Virginia, you requested a tariff classification ruling.

You have submitted three samples with your request. They are:

1. A battery-powered quartz analog wrist watch in a plastic case with a leather strap.

2. A decorative ceramic container

3. A fitted synthetic leather watch box.

You have also submitted a catalog which illustrates the various watch face designs and colors of watch straps. You have indicated in your letter that the watches will be imported in the ceramic containers and the fitted watch boxes. The design on the dial will match the hand painted design on the ceramic container.

The applicable subheading for the quartz analog wrist watch will be 9102.11.45, 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: Other. The rate of duty will be 40 cents each plus 8.5% on the case plus 2.8% on the strap, band or bracelet plus 5.3% on the battery.

The above classification would also apply if the watch case was made of metal. Classification of the watch strap is based on the component material and not texture or color.

The applicable subheading for the decorative ceramic container will be 6913.90.5000, HTS, which provides for Decorative ceramic articles other than porcelain or china. The rate of duty will be 6.8% ad valorem.

The fitted synthetic leather watch box shall be classified with the watch in accordance with General Rule of Interpretation 5.(a), HTSUS, which states: Camera cases, musical instrument cases, gun cases, drawing cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character .

You have also inquired about country of origin marking. A sticker is acceptable for country of origin marking of your watch, in this case Japan. We note that the watch band is not marked. When the watch band is made in a country other than the watch movement, the band must also be marked. You have stated in your letter that the movement is made in Japan and the remainder of the watch is made in Italy. The marking on your band should read Italy or Made in Italy. The preferable method of marking leather watch bands is by stamping in a contrasting color.

The ceramic containers and fitted watch boxes must also be marked permanently, indelibly and conspicuously with the words Made in Italy or Italy.

We note that the watch case is not marked in accordance with the Special Marking Requirements contained in Chapter 91, HTSUS, which states:

4. Special Marking Requirements: With the following exceptions, any movement or case provided for in this chapter, whether imported separately or attached to an article provided for in this chapter, shall not be permitted to be entered unless conspicuously and indelibly marked by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised), as specified below. Movements with opto-electronic display only and cases designed for use therewith, whether entered as separate articles or as components of assembled watches or clocks, are excepted from the marking requirements set forth in this note. The special marking requirements are as follows:

(c)Watch cases shall be marked on the inside or outside of the back to show:

(I )the name of the country of manufacturer; and

(ii)the name of the manufacturer or purchaser.

Your watch movement is properly marked in accordance with the Special Marking Requirements.

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,


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