NY D88555 - Country of origin marking of table clock from China; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY D88522 - NY D88583 > NY D88555

March 5, 1999

MAR-2 RR:NC:MM:114 D88555

CATEGORY: MARKING

Ms. Ruby L. Wood
Evans and Wood & Co., Inc.
Customhouse Brokers & International Freight Forwarders P.O. Box 610005
D/FW Airport, Texas 75261
FMC 2740 CHB 7922

RE: Country of origin marking of table clock from China; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS

Dear Ms. Wood:

This is in response to your letter dated February 18, 1999, requesting a ruling on whether the proposed marking of the table clock is an acceptable country of origin marking. You have stated that the clock may be imported by Hobby Lobby Stores, Crafts, Etc., Value By Designs, Mardel, or Worldwood, all of which are related. A marked sample was submitted with your letter for review.

The submitted item number FM02 is a battery powered quartz table clock. The movement is enclosed in a plastic housing and has a plastic cover on the back, which covers the battery and movement housing. There are no jewels in the movement. The face of the clock features Roman numerals I through XII around the periphery corresponding to the hours of the day. The clock has a round dial with hour, minute and second hands.

The clock is set into a ceramic case. In the sample submitted, the ceramic case is considered the clock case. The plastic cover, which covers the battery and movement housing, is not considered the clock case for the purposes of the special marking requirements of Chapter 91, Harmonized Tariff Schedule of the United States. The entire article measures approximately 5 7/8 inches in length at the bottom, 2 1/2 inches in width and 7 1/4 inches in height. The clock measures approximately 3 inches in diameter.

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.

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 sample has the words MADE IN CHINA in indented lettering molded into the back of the ceramic clock case. This marking is acceptable for section 304 purposes.

In the sample provided, the movement is marked in raised lettering molded into the back plate with the name of the country of manufacture; the name of the manufacturer or purchaser; and the words NO (O) JEWELS. This marking meets the special marking requirements of Chapter 91, HTSUS, section (b) of Additional U.S. Note 4.

In the submitted sample, the clock case is marked with the words MADE IN CHINA in indented lettering molded into the back of the ceramic clock case. The lettering has been indented from the surface of the ceramic. Marking the clock case with the words MADE IN CHINA using one of the methods specified in the Additional U.S. Note 4 is an acceptable marking. Accordingly, the clock case is marked in accordance with the special marking requirements of Chapter 91, HTSUS, section (d) of Additional U.S. Note 4.

You have also asked for a ruling as to what is considered a case, with regard to clocks. We cannot issue a definitive ruling covering all clocks. Each situation is unique and each clock stands on its own. Please note Chapter 91, HTSUS, section (b) of Additional U.S. Note 1. Section (b) states that for the purposes of Chapter 91: The term case embraces inner and outer cases, containers and housing for movements, together with parts or pieces, such as, but not limited to, rings, feet, posts, bases and outer frames, any auxiliary or incidental features, which (with appropriate movements) serve to complete the watches, clocks, time switches and other apparatus provided for in this chapter.

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 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling