NY D83805 - The country of origin marking for mahogany desk clock; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS - United States International Trade Commision Rulings

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NY D83805

November 5, 1998

MAR-2 RR:NC:MM:114 D83805

CATEGORY: MARKING

Ms. Connie Freeman
The A.W. Fenton Company Inc.
6565 Eastland Road
Cleveland, Ohio 44142-1388

RE: The country of origin marking for mahogany desk clock; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS

Dear Ms. Freeman:

This is in response to your letter dated October 14, 1998, on behalf of Things Remembered, Inc., requesting a ruling on whether the proposed marking of the mahogany desk clock is an acceptable country of origin marking. A marked sample was submitted with your letter for review.

The submitted item number SKU 446075 is a Danbury mahogany octagon desk clock that maintains all of the time zones across the world on one clock face. The clock enables the consumer to quickly ascertain the time of day in any region. The clock face is detailed, listing numerous cities and countries around the world and showing their approximate locations and respective time zones.

The clock is inset into an octagon mahogany clock case. The entire article measures approximately 4 1/2 inches in length, 4 1/2 inches in width and 3 3/4 inches in height. The clock measures approximately 1 1/2 inches in diameter and has a battery operated quartz clock movement.

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 (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

Section 134.43(b), Customs Regulations (19 C.F.R. 134.43(b)), in conjunction with section 11.9, Customs Regulations (19 C.F.R. 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 (HTSUS) (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, in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings. Section (d) of Additional 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.

In your letter you indicate that the front of the movement does not allow for a country of origin marking, due to its complex design. You indicate that the alternative, marking the back of the movement would only enable the consumer to view the movement's country of origin when the battery needed to be replaced.

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. The special marking requirements mandate that a clock movement be marked with the number of jewels contained therein, which translates to one or more. If the clock movement contains no jewels, the words "NO (O) JEWELS" on the movement housing of the clock is not a required marking.

Accordingly, the clock movement fails to meet the special marking requirements of Additional U.S. Note 4. Since these special marking requirements for clocks are Congressionally enacted, the Customs Service has no authority to grant exceptions.

The submitted sample is marked on the bottom of the clock case in gold lettering against the mahogany background. The markings on the clock case consist of the words "TAIWAN MOVEMENT" and "CHINA CASE" which have been printed on the bottom of the clock case. This marking does not satisfy the special marking requirements for clock cases because it is not done by one of the methods described in Chapter 91, Additional U.S. Note 4, HTSUS. The country of origin marking has not been affixed to the wood by cutting, die-sinking, engraving, stamping or mold-making (either, indented or raised). The lettering is raised from the surface of the wood due to the consistency of the ink and not from a stamping process. The printing process does not leave an impression on the underlying wood of the clock. Accordingly, the clock case is not marked in accordance with the special marking requirements for clock cases of Additional U.S. Note 4, Chapter 91, HTSUS. Marking the clock case with the words "Taiwan" or "Made in Taiwan" using one of the methods specified in the Additional U.S. Note 4 is an acceptable marking. The use of indelible ink to mark the country of origin of the clock case does not satisfy the special marking requirements of Additional U.S. Note 4 and is not acceptable.

The marking bearing the words "TAIWAN MOVEMENT" and "CHINA CASE" located on the bottom of the mahogany clock case does not satisfy the requirements of 19 U.S.C. 1304, as it would tend to confuse an ultimate purchaser as to the actual country of origin of the clock.

You indicate in your letter that the submitted sample is enclosed in a cardboard box at the time of purchase. The box has a sticker bearing the words "TAIWAN MOVEMENT" and "CHINA CASE" located on the bottom of the box. This marking does not satisfy the requirements of 19 U.S.C. 1304, as it would tend to confuse an ultimate purchaser as to the actual country of origin of the clock.

A second sticker located on the bottom of the cardboard box contains the words "MADE IN CHINA". As noted above, the country of origin of a watch or clock is the country of manufacture of the watch or clock movement. 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. The clock movement is manufactured in Taiwan. The marking MADE IN CHINA" located on the bottom of the box does not satisfy the requirements of 19 U.S.C. 1304, as China is not the actual country of origin of the clock.

Your sample is being returned as requested.

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 Barbara Kiefer at 212-466-5685.

Sincerely,

Robert B. Swierupski
Director,

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