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NY G80985




September 11, 2000

CLA-2-91:RR:NC:MM:114 G80985

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9103.10.40; 9105.91.80; 9109.19.40

Mr. Karl F. Krueger
AEI Customs Brokerage Services
29200 Northwestern Highway
P.O. Box 5129
Southfield, Michigan 48086-5129

RE: The tariff classification and country of origin marking for a clock insert, clock fitup and clock movement; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS

Dear Mr. Krueger:

In your letter dated August 4, 2000, on behalf of M.S. Originals Registered, you requested a tariff classification ruling and a ruling on whether the proposed marking of the clock insert, clock fitup and clock movement are acceptable country of origin markings. Marked samples were submitted with your letter for review.

The submitted item identified in your letter as a clock insert contains a battery operated quartz analog clock movement. There are no jewels in the movement. The clock insert measures approximately 3 inches in height, 1 inch in width and 3 inches in diameter. The clock insert is assembled with a round dial and black hour, minute and second hands. The face features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. On the back of the plastic housing is an opening for changing the battery. The clock insert requires one 1.5-volt battery to operate. The battery is not included and will not be imported with the clock insert. The clock insert is made in China.

The submitted item identified in your letter as a clock fitup contains a battery operated quartz analog movement. The clock fitup has a watch movement (movement does not exceed 12 mm in thickness or 50 mm in width, length, or diameter, or both). There are no jewels in the movement. The movement is made in Japan. The movement is housed in a plated alloy case. The fitup is assembled with a round dial and black hour, minute and second hands. The face features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The stainless steel back can be removed for changing the battery. The battery is included and will not be imported with the clock fitup. The fitup may be inserted into a trophy, picture frame or other article. There is a plastic ring around the case to ensure a snug fit when the clock is inserted into the holder. The case is made in China.

The submitted clock movement is a battery operated quartz clock movement. There are no jewels in the movement. The movement is housed in a plastic case. On the back of the housing is an opening for changing the battery. The clock requires one 1.5-volt battery to operate. The battery is not included. The complete movement is valued at 55 cents per unit.

The applicable subheading for the clock insert will be 9105.91.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; other; 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.

The applicable subheading for the clock fitup with watch movement will be 9103.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides for clocks with watch movements, excluding clocks of heading 9104; electrically operated; other; having no jewels or only one jewel in the movement. The rate of duty will be 24 cents each plus 4.5 percent ad valorem on the case plus 3.5 percent ad valorem on the battery.

The applicable subheading for the clock movement will be 9109.19.40, Harmonized Tariff Schedule of the United States (HTS), which provides for clock movements, complete and assembled; electrically operated; other; other; other; valued not over $5 each. The rate of duty will be 12 cents each plus 5.1 percent ad valorem on the movement plus 4.2 percent ad valorem on the battery.

You have also asked for a ruling on U.S. Customs marking requirements.

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 imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or 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.

As presented, the clock insert in not legally marked for Section 304 purposes. The clock insert must show “Made in China” or “China Mov’t” on the dial.

As presented, the clock fitup shows “JAPAN MOVT” on the dial. This marking is acceptable for Section 304 purposes.

As presented, the clock movement is not legally marked for Section 304 purposes. The clock movement must show “Made in country of origin”.

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. The “country of manufacture” for these requirements refers to where the movement and case 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, in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings. The “country of manufacture” for these requirements refers to where the movement and case were manufactured, rather than where the clock was made.

The special marking requirements mandate that watch movements and clock movements be marked with the number of jewels contained therein, which translates to one or more. If the movement contains no jewels, the words “NO (O) JEWELS” on the movement housing of the clock is not a required marking.

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 “country of manufacture” for these requirements refers to where the movements and cases were manufactured rather than where the clock was made. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4.

As presented, the clock insert is not legally marked in accordance with Chapter 91, Additional U.S. Note 4(b), HTSUS. The movement must show the name of the manufacturer or purchaser as specified in the provisions of this note.

As presented, the clock fitup is not legally marked in accordance with Chapter 91, Additional U.S. Note 4 (a), HTSUS. The movement must show the name of the country of manufacture and the name of the manufacturer or purchaser. The clock fitup is also not legally marked in accordance with Chapter 91, Additional U.S. Note 4(d). The case must show the name of the manufacturer or purchaser.

As presented, the clock movement is not legally marked in accordance with Chapter 91, U.S. Note 4(b). The clock movement must show the name of the country of manufacture.

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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