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NY A84883




June 25, 1996

CLA-2-91:RR:NC:TP:344 A84883

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.25; 9102.11.45

Mr. Joel G. McClure
American Overseas Air Freight, Inc.
320 Beach Road
Burlingame, CA 94010

RE: The tariff classification of the "World of Changing Colors Mood Watch" from China.

Dear Mr. McClure:

In your letter dated June 13, 1996, on behalf of Davis Liquid Crystals, Inc., you requested a tariff classification ruling.

You have submitted photostat representations of mens and ladies battery operated metal and leather band watches. The faces of the watches will change color via a heat sensitive film on the face. The watch movements will have no jewels.

The applicable subheading for the "World of Changing Colors Mood Watch" with metal band will be will be 9102.11.25, Harmonized Tariff Schedule of the United States (HTS), which provides for Wrist watches, electrically operated,...: With mechanical display only: Having no jewels or only one jewel in the movement: With strap, band or bracelet of textile material or of base metal, whether or not gold-or silver-plated: Other. The rate of duty will be 40› each + 8.5% on the case + 14% on the strap, band or bracelet + 5.3% on the battery.

The applicable subheading for the "World of Changing Colors Mood Watch" with leather band will be 9102.11.45, HTS, which provides for Wrist watches, electrically operated,...: With mechanical display only: Having no jewels or only one jewel in the movement:... Other:... Other. The rate of duty will be 40› each + 8.5% on the case + 2.8% on the strap, band or bracelet + 5.3% on the battery.

You have also requested a ruling on the proper country of origin markings for the watches. Section 134.43(b), Customs Regulations (19CFR 134.43(b)), in conjunction with section 11.9, Customs Regulations (19 CFR 11.9), provides that clocks and watches must be marked in accordance with Chapter 91, Additional U.S. Note 4 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). This note requires that any clock 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 (a) of Additional U.S. Note 4 requires that watch movements be marked on one or more of the bridges or top plates to show: (1) the name of the country of manufacture; (2) the name of the manufacturer or purchaser; and (3) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings.

Section (c) of Additional U.S. Note 4 requires that watch cases shall be marked on the inside or outside of the back to show: (1) the name of the country of manufacture; and (2) the name of the manufacturer or purchaser.

Without samples to examine, the submitted examples of the intended markings are insufficient for us to determine whether the watches are properly marked with country of origin. You may wish to consider resubmission of your request if samples become available at a later date. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Schwartz at 212-466-5895.

Sincerely,

Roger J. Silvestri

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