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NY A81977



April 15, 1996

CLA-2-91:RR:NC:TP:344 A81977

CATEGORY: CLASSIFICATION

TARIFF NO.: 9114.30.8000; 9112.90.0000; 9109.90.2000

Ms. Lisa Guardino
Columbia Shipping Inc.
138-01 Springfield Boulevard
Jamaica, NY 11413-2691

RE: The tariff classification and marking of a plastic dial, plastic housing and a timer movement from China.

Dear Ms. Guardino:

In your letter dated March 25, 1996, on behalf of Acme Int'l., you requested a tariff classification ruling.

You have submitted items which will be imported separately as parts. The parts consist of a plastic dial, plastic housing and a clock movement. The components will be assembled into timers when fully imported.

The applicable subheading for the plastic dial will be 9114.30.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other clock or watch parts: Dials: Exceeding 50 mm in width. The rate of duty will be 5.7% ad valorem.

The applicable subheading for the plastic housing will be 9112.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Clock cases and cases of a similar type for other goods in this chapter, and parts thereof: Parts. The rate of duty will be 6.3% ad valorem.

The applicable subheading for the clock movement will be 9109.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Clock movements, complete and assembled: Other: Measuring not over 50 mm in width or diameter. The rate of duty will be 26› each.

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, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking of the imported goods the country of which the goods is the product.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (109 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

Section 134.43(b), Customs Regulations (19 CFR 134.43(b)), in conjunction with section 11.9 Customs Regulations (190 CFR 11.9), provides that clocks (timers) must be marked in accordance with Chapter 91, U.S. Note 4 of the Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202). This note requires that any clock (timer) or watch movement or case provided for in the subpart, whether imported separately or attached to any article provided for in the subpart, shall not be permitted to be entered unless conspicuously and indelibly marked by cutting, die-sinking, engraving, or stamping or mold-marking (either indented or raised, as specified in the provisions of the note. This marking is mandatory.

Section (b) of Additional Note 4 requires that clock (timer) movements be marked on the most visible part of the front or back plate to show: (1) the name of the country of manufacture; (2) the name of the manufacturer or purchaser; and (3) the number of jewels, if any.

The plastic housing must be marked in accordance with U.S. Note 4 of Chapter 91 of the HTSUS which states that clock (timer) cases must be marked on the most visible part of the outside of the back to indicate the name of the country of manufacture by cutting, die-sinking, engraving, stamping, or mold-marking (either raised or indented).

While the samples submitted may be prototypes only and therefore absent of country of origin and special markings, we are informing you of the marking requirements so that you may avoid any unnecessary delays or penalties upon importation.

This ruling is being issued under the provisions of Part 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 you have any questions regarding the ruling, contact National Import Specialist Stanley J. Schwartz at 212-466-5895.

Sincerely,

Roger J. Silvestri

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