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January 20, 1999

CLA-2-91:RR:NC:MM:114 D86580

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9105.91.80

Mr. Jack D. Mlawski
Galvin & Mlawsli
Attorneys at Law
440 Park Avenue South - 9th Floor
New York, New York 10016-8067

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

Dear Mr. Mlawski:

In your letter dated January 11, 1999, on behalf of Zelco Industries, Inc., you requested a tariff classification ruling and a ruling on whether the proposed marking of the Zelco Caddie Clock is an acceptable country of origin marking. A sample was submitted with your letter for review.

The submitted item Model Number 13000 is a Zelco Caddie Clock. The clock is a battery operated quartz analog desk clock. The clock requires one AA battery to operate. The battery is not included. There are no jewels in the movement. The clock is housed in a plastic case and has a round dial with hour, minute and second hands.

The entire article measures approximately 5 inches in height, 4 inches in length and 4 inches in width. The clock measures approximately 1 1/2 inches in diameter.

The clock case contains two compartments for holding paper clips, rubber stamps and other office accessories. The clock features a slot at the rear of the case and behind the dial for insertion of a self contained ballpoint pen. The pen measures approximately 5 1/4 inches in length. In addition, a non-skid foot pad at the bottom of the case can be removed and used separately as a coaster for coffee or other drinks. The essential character of this composite article is imparted by the desk clock. The applicable subheading for the Zelco Caddie Clock will be 9105.91.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; other; 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 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. 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 case 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 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 movement is not legally marked in accordance with Chapter 91, Additional U.S. Note 4(b), HTSUS. In the sample provided, the movement is not marked with the name of the country of manufacture. The name of the manufacturer and the number of jewels appear on the movement. 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 letter submitted for review states that when the Caddie Clock is imported, the movement will be permanently marked “Made in China”. In this instance, the clock movement is manufactured in China. Marking the movement with the words “China” or “Made in China” would meet the requirements of Section (b) of Additional U.S. Note 4. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4.

As presented, the clock case is not legally marked in accordance with Chapter 91, Additional U.S. Note 4(d), HTSUS. In the sample provided, the bottom of the case and the non-skid pad are marked with the words “Made in China” and “Case/China”. The special marking requirements of Section (d) of Additional U.S. Note 4 require that the clock case be marked on the most visible part of the outside of the back to show the name of the country of manufacture. The sample submitted is marked on the bottom of the case and fails to meet the special marking requirements of Section (d) of Additional U.S. Note 4. Regarding the marking of clock cases, Chapter 91, Additional U.S. Note 4 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, marking the clock case on the most visible part of the outside of the back with the words “Made in China” or “Case China” using one of the methods specified in Additional U.S. Note 4 to Chapter 91 is an acceptable marking.

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. Please note that after January 28, 1999, the new telephone number will be 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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