NY E85030 - Country of origin marking of watch - United States International Trade Commision Rulings

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August 5, 1999

MAR-2:RR:NC:MM:114 E85030

CATEGORY: MARKING

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
Counselors At Law
One Astor Plaza
1515 Broadway
New York, New York 10036-8901

RE: Country of origin marking of watch

Dear Mr. Epstein:

In your letter dated June 29, 1999, on behalf of Avon Products, Inc., you requested both a tariff classification ruling and a ruling on whether the proposed marking of the watch is an acceptable country of origin marking. This office issued New York Ruling E84046 dated July 21, 1999, in response to your request for a ruling. New York Ruling E84046 only addressed the classification of the quartz analog clip-on watch. This ruling will address the required country of origin marking for the watch. A marked sample of the watch was submitted with the ruling request.

The submitted Pink Bubble Face Watch, identified as item number PP 189725, is a battery operated quartz analog watch in a heart-shaped shiny silver-tone metal enclosure. The enclosure features a removable heart-shaped back. The enclosure is attached to a silver-tone metal swivel snap clip and small heart-shaped trinket by a loop extending from the top of the enclosure. The metal enclosure will be made in China. Although you have identified the Pink Bubble Face Watch as a pendant watch, it is the opinion of this office that the Pink Bubble Face Watch is a clip-on watch.

The Pink Bubble Face Watch has no jewels in the movement. The movement will be made in Japan. 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 features a glass bubble watch face covering a round pink dial with black hour, minute and second hands.

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.

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 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.

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 in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings. 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 country of manufacture in these requirements refers to where the movements and cases are manufactured rather than where the watch was made. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4 to Chapter 91.

As presented, the Pink Bubble Watch is properly marked for purposes of Section 304, Tariff Act of 1930 country of origin marking. The dial is marked with the words JAPAN MOVT, and the movement and watch case are marked for Section 304 purposes.

Your sample will be 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,

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