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NY A86850





August 28, 1996

MAR-2-:RR:NC:TP:344 A86850

CATEGORY: MARKING

Mr. John Nourijanian
Armen Cargo Services Inc.
150-36 182nd Street
Springfield Gardens, NY 11413

RE: The country of origin marking of watches from Switzerland.

Dear Mr. Nourijanian:

In your undated letter, on behalf of Viva Time Corp., you requested a ruling on the country of origin markings for imported wrist watches.

You state in your letter that the completely assembled 0-5 jewel movements will be purchased from Switzerland and sent directly to Hong Kong. In Hong Kong the watches will be assembled with the balance of Hong Kong components, i.e., dials, cases, leather straps, etc. You ask whether "Swiss Made" on the dial face or outside case back would be acceptable.

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 (19 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 is the country of manufacture of the watch or clock movement. The addition of the hands, dial, case or watchband add definition to the time piece but do not change the character or use of the watch or clock movement which is the "guts" of the watch or clock. Accordingly, in order to satisfy the requirements of 19 U.S.C. 1304, the clock or watch must be marked with the name of the country of manufacture of the movement. The country of origin marking must also be legible and in a conspicuous place. Your proposed marking of "Swiss Made" is acceptable for the watches which contain movements made in Switzerland. The marking may be placed either on the dial or on the outside back case cover.

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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