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NY D84762




December 11, 1998

CLA-2-91:RR:NC:MM:114 D84762

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9105.21.80

Mr. Kevin W. Stewart
The I.C.E. Company, Inc.
P.O. Box 610583
Dallas/Fort Worth Airport, Texas 75261-0583

RE: The tariff classification and country of origin marking for wall clock; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS

Dear Mr. Stewart:

This is in response to your letter dated November 13, 1998, on behalf of Shiraz Shalwani, requesting a tariff classification ruling and a ruling on whether the proposed marking of the wall clock is an acceptable country of origin marking. A marked sample along with a catalog which shows additional styles of clocks was submitted with your letter for review.

The submitted item number VW95 is a Vidas wall clock. The clock is inset into a hand carved and painted wooden clock case. The item has a gold plated ring, silver metal dial and stained glass that is hand painted. The dial cover is of original real mineral glass to give clear vision of the dial.

The entire article measures approximately 17 1/2 inches in height, 7 1/2 inches in length and 3/4 inch in width. The clock measures approximately 2 1/2 inches in diameter and has a battery operated quartz clock movement.

The applicable subheading for the Vidas wall clock will be 9105.21.80, Harmonized Tariff Schedule of the United States (HTS), which provides for Other clocks, Wall clocks, Electrically operated, Other. The rate of duty will be 30 cents each plus 6.9 percent ad valorem on the case plus 5.3 percent ad valorem on the battery.

You have also asked for a ruling on U.S. Customs marking requirements.

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.

As presented, the sample is not properly marked for country of origin and fails to meet the marking requirements of 19 U.S.C. 1304. 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. In this instance, the clock movement is manufactured in Japan. The markings "Japan" or "Made in Japan" would meet the requirements of 19 U.S.C. 1304.

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.

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.

As presented, the clock case is not marked with the country of manufacture and fails to meet the special marking requirement of Section (d) of Additional U.S. Note 4. Regarding the marking of clock cases, Chapter 91, Additional U.S. Note 4(d) requires conspicuous and indelible marking by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised), on the most visible part of the outside of the back to show the name of the country of manufacture. In this instance, the country of manufacture must be affixed to the wood by one of the methods specified in the Additional U.S. Note 4. Marking the clock case with the words "Japan" or "Made in Japan" using one of the methods specified in Additional U.S. Note 4 to Chapter 91 is an acceptable marking.

The letter and sample submitted for review do not state the number of jewels, if any. Section (b) of Additional U.S. Note 4 to Chapter 91 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.

You have submitted a catalog which shows additional styles of clocks and you have requested a ruling on the clocks in the catalog. We cannot issue a ruling on the entire catalog.

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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