NY D80633 - THE COUNTRY OF ORIGIN MARKING OF WATCHES - United States International Trade Commision Rulings

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NY D80633

August 13, 1998

MAR-2 RR:NC:MM:114 D80633

CATEGORY: MARKING

Mr. Stan Kriz
Genender International, Inc.
44 Century Drive
Wheeling, IL 60090

RE: THE COUNTRY OF ORIGIN MARKING OF WATCHES

Dear Mr. Kriz:

This is in response to your letter dated July 29, 1998 requesting a ruling on whether the proposed marking of a representative sample of a boxed watch referred to as "Famous Impressions" is an acceptable country of origin marking for the imported watches. A marked sample was submitted with your letter for review.

In your letter, you indicate that your company will be importing through various ports a boxed watch that will be master packed in a paper chipboard display. The display is intended to be set up in retail outlets. The sample provided is a boxed men's quartz wrist watch which is secured to the plastic packaging with a plastic locking strap. The watch has a movement which is made in Japan, a case made in China, a band made in China, and the packaging is made in China. You indicate that the movement is marked "Japan", the interior of the case is marked "Quintel, China", the band is marked "China" and the plastic gift box is marked "Made in China" on the interior lid and on the bottom of the box. In addition, the movement is marked with the name of the manufacturer and "No Jewels". All of the markings are stamped.

Your question is whether the watch is properly marked for purposes of Section 304, Tariff Act of 1930 country of origin marking and for purposes of the special marking requirements of chapter 91 of the Harmonized Tariff Schedule of the United States.

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.

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

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 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 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 watches.

Section (a) of Additional U.S. Note 4 requires that watch movements shall be marked on one or more of the bridges or top plates to show the manufacturer or purchaser; and, in words, the number of jewels, if any servicing a mechanical purpose as frictional bearings. Section (c) of Additional U.S. Note 4 requires that watch cases shall be marked on the inside or outside of the back cover to show the name of the country of manufacture, and the name of the manufacturer or purchaser. The country of manufacture in these requirements refers to where the movements and cases are manufactured rather than where the watch was made. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4, and using stickers is not an acceptable alternative.

The proposed marking of the imported watch, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for imported watches.

In order to satisfy the requirements of Section 304, T.A. of 1930, regarding country of origin marking, the plastic box must be marked with the country of origin of the watch and the country of origin of the box. The watch is packaged in a sealed manner, by means of a plastic locking strap; the ultimate consumer cannot discern the country of origin of the watch, which is the country of origin of the movement, because of the method of packaging of the watch. Accordingly, the plastic gift box must be marked with "Box Made in China" and "Movement Made in Japan" on the outside of the box in a permanent, legible and conspicuous manner.

All of the other markings, as described above, meet the requirements of the Additional U. S. Note 4 of chapter 91 regarding the special marking requirements for watches and clocks.

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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