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HQ 561018




June
12, 1998
MAR-5 RR:TC:SM 561018 BLS

CATEGORY: MARKING

Port Director
198 West Service Road
Champlain, New York 12919

RE: Country of origin marking of kitchen timers

Dear Sir:

This is in reference to a fax from Mylene Doss-Corrado, G. Rosenthal Imports Ltd. (Rosenthal"), Quebec, Canada, dated May 28, 1998, concerning country of origin marking of kitchen timers. Shipments of these timers have been imported from Canada through the port of Champlain.

FACTS:

Rosenthal advises that Customs officials at the port of Champlain have denied entry of kitchen timers of Chinese origin imported into the U.S. for the reason that the timers were found to be improperly marked. Specifically, it appears that the timers were not marked in accordance with the special marking requirements of Chapter 91, Additional U.S. Note 4, Harmonized Tariff Schedule of the United States (HTSUS). Rosenthal requests that we review this issue and advise of the proper marking requirements for the subject products. The company also states that to mark all of the different types of timers imported from China in accordance with the special marking requirements will be economically prohibitive. A sample timer has been submitted.

ISSUE:

What are the marking requirements for the subject timers?

LAW AND ANALYSIS:

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. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.43(b), Customs Regulations (19 CFR 134.43(b)), in conjunction with section 11.9, Customs Regulations (19 CFR 11.9), provides that clocks must be marked in accordance with Chapter 91, Additional 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 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.

The term "clock movements" means devices regulated by a balance wheel and hairspring, quartz crystal or any other system capable of determining intervals of time, with a display or a system to which a mechanical display can be incorporated. Such clock movements shall either exceed 12 mm in thickness or 50 mm in width, length or diameter, or both. See Additional U.S. Note 1(d), HTSUS. The submitted sample timer is regulated by a clock movement as defined under this note.

Section (b) of U.S. Note 4 requires that clock movements shall be marked on the most visible part of the front or back plate to show the name of the country of manufacture; the name of the manufacturer or purchaser; and, in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings. Section (d) of U.S. Note 4 requires that clock cases provided for in Chapter 91, HTSUS, shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture. The country of manufacture for these requirements refers to where the movement and cases were manufactured, rather than where the clock was made.

Accordingly, the kitchen timer must be marked in compliance with the special marking requirements of Additional U.S. Note 4, HTSUS. As this marking is mandatory, there are no exceptions to the special marking requirements.

HOLDING:

A kitchen timer regulated by a clock movement as defined in Additional U.S. Note 1(d), HTSUS, is subject to the special marking requirements of Additional U.S. Note 4. As this marking is mandatory, there are no exceptions to these special marking requirements.

Please provide a copy of this decision to Ms. Mylene Doss-Corrado, % G. Rosenthal Imports Ltd., 5850 Thimens, Saint-Laurent, Quebec, Canada H4S 1S5.

Sincerely,

John Durant,
Director
Special

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