NY D80762 - THE COUNTRY OF ORIGIN MARKING OF CLOCKS - United States International Trade Commision Rulings

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NY D80762

August 13, 1998

MAR-2 RR:NC:MM:114 D80762

CATEGORY: MARKING

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

RE: THE COUNTRY OF ORIGIN MARKING OF CLOCKS

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 clock is an acceptable country of origin marking for the clocks. A marked sample was submitted with your letter for review.

The clocks will be imported through various ports and will be master packed in a paper chipboard display which will be set up in retail stores. According to your letter, the clock has a movement which is made in Japan, and the case is made in China. The submitted sample is a polyresin clock, which is approximately three inches high and 1 3/4 inches wide. The clock has a watch movement.

The submitted sample has a paper sticker label on the bottom stating "Watch Movement Japan; All Other Items China". The watch movement is marked by stamping or mold marking with the words "Japan", "NO JEWELS", and the name of the manufacturer.

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 essential character 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 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 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 watches.

Section (a) of Additional U.S. Note 4 requires that clock movements shall be marked on the most visible part of the front or backplate to show the name of the country or 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 (c) 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 country of manufacture in these requirements refers to where the movements and cases are manufactured rather than where the clock 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 clock, as described above, does not satisfy the requirements of Additional Note 4 to chapter 91 of the Harmonized Tariff Schedule. The clock case must be marked with the country of origin of the case on the outside of the back of the case to show the name of the country of manufacture. In this instance, the clock case must be marked "China"; this marking must be done in a permanent manner, as described in Additional Note 4 of chapter 91 by cutting, die-sinking, engraving, stamping or mold-marking the case of the clock.

All of the other markings, as described above, meet the requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The watch movement is properly marked for the purposes of the special marking requirements of chapter 91, Harmonized Tariff Schedule of the United States; and the clock is properly marked for purposes of Section 304, Tariff Act of 1930, country of origin marking purposes.

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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