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February 26, 1999

CLA-2-91:RR:NC:MM:114 D88330

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9105.91.80

Mr. W.J. Gonzalez
Trans-Union Customs Service, Inc.
11941 So. Prairie Avenue
Hawthorne, California 90250

RE: The tariff classification and country of origin marking for a quartz analog clock fitup from China; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS

Dear Mr. Gonzalez:

In your letter dated January 29, 1999, on behalf of Seaco Enterprises, Inc., you requested a tariff classification ruling and a ruling on whether the proposed marking of the analog clock is an acceptable country of origin marking. A marked sample was submitted with your letter for review.

The submitted item Model Number GU-168 is a clock fitup containing a quartz analog, battery powered clock movement. The fitup is assembled with a round dial and hour, minute and second hands. The fitup is enclosed in a plastic case for insertion into a clock case. The clock is designed to fit in trophies, furniture pieces and other articles. It is not designed to be used by itself, as imported. The rubber ring around the plastic case is to allow a snug fit into whatever item the clock is installed into and to prevent it from falling out.

The movement measures approximately 55 mm in diameter and has a thickness of approximately 19 mm. The clock fitup has a clock movement (movement exceeds 12 mm in thickness or 50 mm in width, length or diameter, or both). There are no jewels in the movement.

The applicable subheading for the clock fitup 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. 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 sample has a paper adhesive sticker label on the movement which states “MADE IN CHINA”. This marking is acceptable for Section 304 purposes.

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 as specified in the provisions of this note. Additional U.S. Note 4 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. In this instance, the clock movement is manufactured in China. Marking the movement with the words “China” or “Made in China” by one of the methods specified in the Additional U.S. Note 4 would meet the requirements of Section (b) of Additional U.S. Note 4. The clock movement is marked with the name of the manufacturer and the number of jewels using one of the methods specified in the Additional U.S. Note 4 to Chapter 91. 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 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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