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NY E83665




July 8, 1999

CLA-2-91:RR:NC:MM:114 E83665

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.25; 9102.11.45

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

RE: The tariff classification of quartz analog wrist watches

Dear Mr. McKenna:

In your letter dated June 11, 1999, on behalf of Krupp Bilstein of America, you requested a tariff classification ruling on quartz analog wrist watches. A sample of the wrist watch with a leather strap was submitted with the ruling request.

The sample provided is a battery operated quartz analog wrist watch in a matte chrome finish case with a stainless steel back. The are no jewels in the movement. The stainless steel back is marked “JAPAN MOVT”. You have indicated in your letter that the wrist watches will be imported from Germany. The strap is leather. The face of the watch features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The watch has a round dark blue dial with white hour, minute and second hands. The watch features a date display and three-display stopwatch function. The watch is water resistant to approximately five meters.

You have indicated in your letter that the wrist watch is available in two styles. One style features a leather strap and the other style features a stainless steel link bracelet.

The applicable subheading for the wrist watch with leather strap will be 9102.11.45, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; wrist watches, electrically operated, whether or not incorporating a stop watch facility; with mechanical display only; having no jewels or only one jewel in the movement; other; other. The rate of duty will be 40 cents each plus 8.5 percent ad valorem on the case plus 2.8 percent ad valorem on the strap, band or bracelet plus 5.3 percent on the battery.

The applicable subheading for the wrist watch with stainless steel bracelet will be 9102.11.25, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, electrically operated, whether or not incorporating a stop watch facility; with mechanical display only; having no jewels or only one jewel in the movement; with strap, band or bracelet of textile material or of base metal, whether or not gold- or silver-plated; other. The rate of duty will be 40 cents each plus 8.5 percent ad valorem on the case plus 14 per cent ad valorem on the strap, band or bracelet plus 5.3 per cent ad valorem on the battery.

Your sample is being returned as requested.

You have indicated in your letter that the wrist watch 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 watch must be legibly marked with the name of the country of manufacture of the movement in a conspicuous place.

Section (a) of Additional U.S. Note 4 requires that watch movements shall be marked on one or more of the bridges or top plates to show the name of the country of manufacture; the name of the manufacturer or purchaser; and, the number of jewels, if any. Section (c) of Additional U.S. Note 4 requires that watch cases shall be marked on the inside or outside of the back to show the name of the country of manufacture and the name of the manufacturer or purchaser. 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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