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NY 895783




March 28, 1994

CLA-2-91:S:N:N8:344 895783

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9104.00.4000

Ms. Renee R. Richardson
Richardson Associates
106 North Road
Fremont, New Hampshire 03044

RE: The tariff classification and marking of a mechanical clock for use on a vessel from Russia.

Dear Ms. Richardson:

In your letter of March 8, 1994, you requested a tariff classification and marking ruling on a clock.

The submitted sample is an 8-day, hand-wind mechanical clock which is to be used on a vessel.

The applicable subheading for the mechanical clock will be 9104.00.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Instrument panel clocks and clocks of a similar type for vehicles, aircraft, spacecraft or vessels: With clock movements measuring over 50 mm in width or diameter: Valued over $10 each: Other: Other. The rate of duty will be 45 cents each plus 6.4% ad valorem.

You have asked about special markings and the country of origin marking requirements for your clock.

Clocks are required to be marked in accordance with the special marking requirements specified in chapter 91, U.S. note 4, HTS, and they must be marked to indicate the name of the country of origin as required by section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304).

U.S. note 4, chapter 91, requires t6hat the special markings are to be conspicuously and indelibly marked by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised).

The special marking requirements for your clock are as follows:

(b) Clock movements shall be marked on the most visible part of the front or back plate to show:

(i) the name of the country of manufacture; (ii) the name of the manufacturer or purchaser; and (iii) the number of jewels, if any.

(d) Clock cases provided for in this chapter shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture.

For purposes of section 304, the country of origin of a clock is the same as the country of origin of its movement. This marking may be placed on the face of the dial or on the outside surface of the back cover of the clock case. An adhesive sticker may be used for the section 304 marking so long as the sticker is affixed so securely that unless deliberately removed it will remain on the clock while it is in storage or on display and until delivered to the ultimate purchaser. This marking is intended to enable the ultimate purchaser to make an informed purchase decision based on the country of origin.

You have asked us to inform you as to whether or not the markings on your clock comply with U.S. Customs regulations. We were unable to remove the back case cover of the your clock, therefore we are unable to comment on the special marking requirements for the movement. With regard to the country of origin marking requirements (section 304) and (d) of the special marking requirements there are no markings as to the country of origin and therefore your clock would be considered "Not Legally Marked" for U. S. Customs purposes.

Your clock is being returned as requested.

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,

Jean F. Maguire
Area Director

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