NY NY1389 - THE COUNTRY OF ORIGIN MARKING OF WATCHES - United States International Trade Commision Rulings

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NY C89440

July 17, 1998

MAR-2 RR:NC:MM:114 C89440

CATEGORY: MARKING

Mr. Manfred E. Patigler

Service Express Customs Corp.

8625 Aviation Blvd.

Inglewood, California 90301

RE: THE COUNTRY OF ORIGIN MARKING OF WATCHES

Dear Mr. Patigler:

This is in response to your letter dated June 15, 1998, on behalf of Unified Precious Metals Inc., requesting a ruling on the marking of a watch. A sample was submitted with your letter for review.

The submitted watch is a United States coin watch. The face and back of the watch are composed of an authentic United States half dollar coin. The half dollar has been split into two pieces and supplied to the manufacturer of the watch.

The submitted sample of the United States coin watch is marked in the following manner. The watch movement is marked with the words "SHIOJIRI Ltd", "JAPAN", and "NO JEWELS". Also, the words "JAPAN MOVT" have been engraved into the case, but not on the inside or outside of the back cover of the case.

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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §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 component 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 C.F.R. §134.43(b)), in conjunction with section 11.9, Customs Regulations (19 C.F.R. §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 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 (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 engraved marking "JAPAN MOVT" on the watch satisfies the requirement for country of origin marking under Section 304, of the Tariff Act of 1930. The watch movement of the sample watch is properly marked in accordance with the special marking requirements of Chapter 91, Harmonized Tariff Schedule of the United States.

The United States coin watch requires the marking of the watch band and the marking of the watch case in order to be in compliance with Section 304 of the Tariff Act of 1930, and the special marking requirements of Chapter 91, HTSUSA.

The watch band (strap) must be separately marked because its country of origin differs from the country of origin of the watch. In this situation, the watch band must be marked with country of origin China, in satisfaction of the Section 304 marking requirements.

Also, the watch case must be marked in a permanent manner, as described above, 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 this requirement refers to where the case is manufactured.

This ruling is being issued under provision of Part 177 of the Customs Regulations (19 C.F.R. 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,

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