NY A85573 - The marking requirements for kitchen timers. - United States International Trade Commision Rulings

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NY A85573

July 25, 1996

MAR-2-RR:NC:TP:344 A85573

CATEGORY: MARKING

Ms. Jennifer M. Straka
TimeTech, Inc.
162 W. Main St., Suite F
Whitewater, WI 53190

RE: The marking requirements for kitchen timers.

Dear Ms. Straka:

In your letter dated July 1, 1996, you requested a ruling on the marking for kitchen timers.

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.

It has been the position of the U.S. Customs Service for many years that the country of origin of a watch or clock (timer) is the country of manufacture of the watch or clock (timer) movement. Accordingly, in order to satisfy the requirements of 19 U.S.C. 1304, the clock (timer) must be marked with the name of the country of manufacture of the clock (timer) movement. The country of origin must also be legible and in a conspicuous place.

Section 134.43(b), Customs Regulations (19 CFR 134.43(b)), in conjunction with section 11.9 Customs Regulations (19 CFR 11.9), provides that clocks (timers) must also 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. This office was unable to open the samples and, therefore, cannot comment as to this marking.

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).

You have submitted four samples of kitchen timers in shapes of fruits and vegetables which are to be imported from Tunisia, Italy and Poland. Stickers which say "Made in Tunisia" are attached to the timers and "the original......from Italy" is marked on the clear plastic boxes in which the timers are contained. You have also included two strips of the stickers which you propose to use. Based on the aforementioned Chapter 91 Special Marking Requirements for clocks (timers), the stickers are not an acceptable method of marking.

This ruling is being issued under the provisions of Section 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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