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July 8, 1999

CLA-2-91:RR:NC:MM:114 E83530

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.21.80

Mr. Mike McKenna
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of wall clock from Hong Kong

Dear Mr. McKenna:

In your letter dated June 11, 1999, on behalf of Krupp Bilstein of America, you requested a tariff classification ruling on a wall clock from Hong Kong. A sample of the wall clock was submitted with the ruling request.

The sample provided is a wall clock with a quartz analog battery powered movement. The clock movement contains no jewels. The clock is round and measures approximately 14 inches in height, 14 inches in length and 2 inches in width. The clock measures approximately 13 inches in diameter and is housed in a plastic case. On the back of the plastic housing is an opening for changing the battery. The clock requires one AA size 1.5 V battery to operate. The clock is imported without a battery. The clock is packed for retail sale in a cardboard box.

The face of the clock features the traditional Arabic numbers 3, 6, 9 and 12 around the periphery corresponding to the hours of the day. The face of the clock has a picture of a racing car at the center. The word “BILSTEIN” is printed above the picture of the racing car and the words “Leading the Race” are printed below the picture of the racing car. The clock has a round dial with black hour and minute hands, and a red second hand.

Your sample is being returned as requested.

The applicable subheading for the 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 indicated in your letter that the clock is exempt from marking regulations pursuant to 19 C.F.R. 134.32(f).

Watches and clocks are required to be marked in accordance with the special marking requirements specified in Chapter 91, Additional U.S. Note 4, Harmonized Tariff Schedule of the United States, and they must be marked to indicate the name of the country of origin as required by Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304). A copy of the special marking requirements is provided with this letter.

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. 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. Section 134.1(d) defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If the imported article is distributed as a gift the recipient is the ultimate purchaser.

Unless one of the exceptions applies, imported articles must be marked to indicate the name of the country of origin at the time of importation. If they are not marked, Customs will issue a marking notice requiring either that the goods be redelivered to Customs custody or that they be remarked. Among the exceptions to the marking requirements is 19 C.F.R. 134.32(f) for articles imported for use by the importer and not intended for sale in their imported or any other form.

The district director may grant exceptions to the marking requirements under Section 304 when an importer/broker provides a written request. Citation of the statutory authority allowing the exception should be provided. The provisions of Section 304(a)(3)(A) through (K) may be cited along with the importer’s declaration of facts to support the claim for an exception to the marking requirement. The importer/broker may apply for the exception before or after the arrival of the shipment.

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 and 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 (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, the number of jewels, if any. Section (d) of Additional U.S. Note 4 requires that clock cases shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4 to Chapter 91.

If you require a ruling on the country of origin marking for this article, please submit a written request for a marking ruling with a marked sample of the clock in condition as imported. 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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