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NY B81526




February 13, 1997

CLA-2-91:RR:NC:SP:233 B81526

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9105.91.80

Mr. Al Andrews
Circle International, Inc.
3275 Alum Creek Drive
Suite 200
Columbus, OH 43207

RE: The tariff classification and country of origin marking of a table clock from Taiwan.

Dear Mr. Andrews:

In your letter dated January 20, 1997, on behalf of Bath & Body Works, Inc., you requested a tariff classification ruling.

The submitted sample, a "Mothers' Day Clock", is a quartz analog battery powered table clock with a ceramic case. The clock measures approximately 5" wide, 5 3/4" high and 1 3/4" deep. The clock movement has no jewels. Your sample is being returned as requested.

The applicable subheading for the table clock will be 9105.91.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks, electrically operated, other. The rate of duty will be 30 cents each plus 6.9 percent on the case plus 5.3 percent on the battery. You have also asked for a ruling on U.S. Customs country of origin marking requirements.

The marking statute, Section 304, 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 a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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 watch or clock must be marked with the name of the country of manufacture of the clock movement. The country of origin marking must also be legible and in a conspicuous place. This marking may be placed on the face of the dial or on the outside surface of the back cover of the watch or clock case.

The submitted sample has a gold sticker which reads "MADE IN TAIWAN" on the bottom of the ceramic case. This does not satisfy the requirements of 19 U.S.C. 1304 since the sticker is not placed on the face of the dial or on the back of case.

Additionally, the clock must be marked as required by the Special Marking Requirements of Chapter 91, Additional U.S. Note 4, Harmonized Tariff Schedule of the United States.

Chapter 91 Additional U.S. Note 4 specifies that any 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, stamping or mold-marking (either indented or raised). This marking is mandatory. The Customs Service has no authority for granting exceptions to the special marking requirements.

Section (b) of Additional U.S. Note 4 requires that clock movements be marked on the most visible part of the front or back plate to show:

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

The movement in the sample provided is marked "DM-6000 SHONTEK QUARTZ NO (0) JEWELS, UNADJUSTED". This marking is not acceptable for Additional U.S. Note 4(b). The name of country of manufacture, Taiwan, must be indicated using one of the methods described above.

Section (d) of Additional U.S. Note 4 requires that clock cases must be marked on the most visible part of the outside of the back to show the name of the country of manufacture by cutting, die-sinking, engraving, stamping, or mold-marking (either raised or indented). Your clock is not in compliance with this marking requirement. The ceramic case must be marked Taiwan or Made in Taiwan using one of the methods mentioned above.

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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Gwenn Klein Kirschner

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