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August 13, 1999

CLA-2-91:RR:NC:MM:114 E85567

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.91.40

Mr. George T. Biris
Davies, Turner & Co.
90 Washington Street
New York, New York 10006-2214

RE: The tariff classification of watch with metal clip

Dear Mr. Biris:

In your letter dated August 5, 1999, on behalf of Allstar Marketing Group LLC, 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. A sample of the watch with metal clip was submitted with your previous ruling request (NY E84752).

The sample submitted, style number 3511, is identified as a NASCAR Dale Earnhardt Watch-It. The sample provided is a battery operated quartz analog watch in a round shiny silver-tone case. The watch case measures approximately one inch in diameter and is attached to a silver-tone metal swivel snap clip by a loop extending from the top of the case. The metal clip is for attaching the watch to a belt loop, backpack, etc.

The watch has no jewels in the movement. The face of the watch features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The face of the watch has a picture of a racing car at the center. The watch has a round dial with silver-tone hour, minute and second hands.

The applicable subheading for the NASCAR Dale Earnhardt Watch-It will be 9102.91.40, 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; other; electrically operated; other; having no jewels or only one jewel in the movement. The rate of duty will be 40 cents each plus 6 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. In order to issue a ruling on marking requirements for the watch, additional information is required as indicated below. Please state in writing the country of manufacture of the movement and the country of manufacture of the case. We also require that you submit an open sample of the watch in condition as imported, in order to see the marking on the inside of the watch. Watches and clocks are required to be marked 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).

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 NASCAR Dale Earnhardt Watch-It is not properly marked for purposes of Section 304, Tariff Act of 1930 country of origin marking. In order for the marking to be acceptable for Section 304 purposes, the watch must be legibly marked with the name of the country of manufacture of the movement in a conspicuous place. In this instance, you do not indicate the country of manufacture of the movement. The watch is packaged in a blister display pack with a cardboard insert. The back of the cardboard insert is marked “Designed in U.S.A.- Assembled in China”. The inclusion of the additional information on the insert indicating the country of design and country of assembly is acceptable, presuming it is accurate information, and will be in close proximity to the country of origin marking of the movement. In order to determine if the watch is properly marked for the special marking requirements specified in Chapter 91, Additional U.S. Note 4, Harmonized Tariff Schedule of the United States, we need an open sample of the watch.

When the required information and open sample of the watch in condition as imported are available, you may wish to consider resubmission of your request for a marking ruling.

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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