NY C87128 - THE COUNTRY OF ORIGIN MARKING OF CLOCKS AND WEATHER INSTRUMENTS FROM VARIOUS COUNTRIES - United States International Trade Commision Rulings

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NY C87128

May 19, 1998

MAR-2 RR:NC:MM:114 C87128

CATEGORY: MARKING

Mr. Allan J. McCormick
LaCrosse-McCormick
1116 South Oak Street
La Crescent, Minnesota 55947

RE: THE COUNTRY OF ORIGIN MARKING OF CLOCKS AND WEATHER INSTRUMENTS FROM VARIOUS COUNTRIES

Dear Mr. McCormick:

This is in response to your letter dated April 17, 1998 requesting a ruling on whether the proposed marking of various clocks and weather instruments is acceptable for country of origin marking for the imported goods.

Three samples of clocks were submitted with your letter. Nidek 520-10 is the race car moving clock. It is composed of plastic foam material. The foam construction allows for movement of the race car when the clock is operating. Item C101-11 is a statue of a man with clocks carried on his back. You refer to it as a polyresin figure of a clock peddler. It contains a watch movement. Item 9952NA/673 is a wooden wall clock with a pendulum.

Three samples of weather instruments were furnished. Item 2010C/A is a thermometer with a dial showing the temperature from -10 degrees fahrenheit to 130 degrees. It is 4 inches in diameter and has a mat silver finish. The liquid thermometer is item number 38320 and is an 11 inch glass Galileo thermometer. It consists of weighted balls in a cylinder filled with a special liquid. The temperature can be determined by the way the balls go up and down inside the tube. The weather station, item AL8035WS-GV, indicates the temperature, the humidity level and the barometric pressure.

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.

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 and watches must be marked in accordance with the special marking requirements set forth in Chapter 91, Additional U.S. Note 4 of the Harmonized Tariff Schedule of the United States (HTSUSA) (19 U.S.C. 1202). This note requires that any clock 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, stamping, or mold-marking (either indented or raised), as specified in the provisions of this note. This marking is mandatory. The Customs Service has no authority for granting exceptions to the special marking requirements for clocks or watches.

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 essential portion of the watch or clock. In order to satisfy the requirements of 19 U.S.C 1304, a clock must be legibly marked with the name of the country of manufacture of the movement in a conspicuous place.

Section (b) of Additional 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, the number of jewels, if any. Section (d) of Additional U.S. Note 4 requires that clock cases shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4, and using stickers or indelible ink is not an acceptable alternative.

The race car moving clock, item 520-10, is not properly marked. The movement requires the country of origin and the name of manufacturer or purchaser, and the case requires the country of origin. Also, Section 304 country of origin marking is required.

The polyresin figure clock, item C101-11, is not properly marked. The case must be marked with the country of origin. Also, the movement of the clock is made in Japan; however, the base of the clock indicates that the clock is made in China. For Section 304 marking purposes, the country of origin of the movement determines the country of origin of the clock.

The wooden wall clock, item 9952NA/673 is not properly marked. The case is marked in indelible ink. Indelible ink marking is not one of the methods of marking which is specified in Additional U.S. Note 4. Also, the clock requires Section 304 country of origin marking.

The mat silver thermometer and the round metal weather station, items 2010C/A and AL8035WS-GV, respectively, are marked "Assembled in China" on the back of the instrument cases. Item AL8035WS-GV is also marked "Barometer Movement made in Gemeny" (sic), in close proximity to the "Assembled in China".

The liquid thermometer is marked "Made in Germany" on the cardboard box in which the liquid thermometer is packaged.

The proposed marking of the weather instruments is considered conspicuous, legible and permanent, in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The inclusion of the additional information on the weather station indicating the country of origin of the barometer is acceptable, presuming it is accurate information, and will be in close proximity to the country of origin marking of the imported weather stations.

This ruling is being issued under provision of Part 177 of the Customs Regulations (19 CFR Part 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 Barbara Kiefer at 212-466-5685.

Sincerely,

Robert B. Swierupski
Director,

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