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NY I82212




June 27, 2002

CLA-2-91:RR:NC:MM:114 I82212

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9103.10.40

Ms. Shelia Andrews
Dillard’s, Inc.
1600 Cantrell
Little Rock, Arkansas 72201

RE: The tariff classification and marking of a clock from Japan

Dear Ms. Andrews:

In your letter dated May 27, 2002, you requested a tariff classification ruling.

The article is a clock and is designated as style number 81173 (blue) and 81173-R (red). The clock contains a battery-operated analog quartz watch movement with no jewels. The watch is fitted into a square-shaped pen holder cup with acrylic sides and metal trim around the top and bottom edges.

The applicable subheading for the clock 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 on the case plus 3.5 percent on the battery.

You also requested a ruling on the marking of the clock. A marked sample was submitted with your letter for review.

Your submitted sample is marked “mvmt Japan, case China” on the bottom of the clock case (the pen holder cup) by means of contrasting colored ink stamped onto the flocked bottom of the case. The metal watch case back is marked “mvmt-Japan, case-China” in by means of black ink stamped on the case back. The quartz watch movement has the words “NO JEWELS” molded into the plastic portion of the movement, and has the country of origin “JAPAN” and an abbreviation of the manufacturer’s name stamped into the metal plate.

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, 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 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 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 other components add definition to the time piece but do not change the character or use of the watch or clock movement which is the essential component of the watch or clock. In order to satisfy the requirements of 19 U.S.C 1304, a clock or watch must be legibly marked with the name of the country of manufacture of the clock or watch movement in a conspicuous place.

The country of origin marking on the bottom of your clock indicates “mvmt Japan, case China”. For purposes of Section 304, this marking is not acceptable. Your clock should be marked with “MOVT Japan”, “ Japan MOVT” or similar words on the bottom of the clock or on the bottom of the face (dial) of the clock. The acceptable methods of marking include stamping with contrasting ink or any method sufficiently permanent to reach the ultimate consumer.

Section 134.43(b), Customs Regulations (19 CFR 134.43(b)), in conjunction with section 11.9, Customs Regulations (19 CFR 11.9), provides that watches and 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 (HTSUSA) (19 U.S.C. 1202). This note requires that any clock 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 (including by means of indelible ink), or mold-marking (either indented or raised), as specified in the provisions of this note. Self-adhesive labels are not acceptable for purposes of the special marking requirements of chapter 91. The special marking requirements for clocks and watches are mandatory. The Customs Service has no authority for granting exceptions to the special marking requirements for 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 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 (b) of 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 movement of your clock is not properly marked for purposes of the special marking requirements of chapter 91. The name of the manufacturer or purchaser must be shown on the movement, not an abbreviation of the name. For your information, the number of jewels does not have to be shown on the movement, as there are no (zero) jewels in the movement used in your clock.

Section (c) of Additional U.S. Note 4 requires that watch cases shall be marked on the inside or outside of the back cover to show the name of the country of manufacture of the case, and the name of the manufacturer or purchaser. Section (d) of U.S. Note 4 requires that clock cases provided for in chapter 91, HTS, shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture of the case..

The outside back of the watch case is stamped with “mvmt-Japan, case -China”, however, this does not satisfy the special marking requirements of chapter 91. The movement in this situation is being used in a clock, not a watch. Accordingly, the case of the clock, the acrylic pen holder cup, must be marked in accordance with the special marking requirements of chapter 91. The case should be marked on the most visible part of the outside of the back with the name of the country of manufacture of the case. The acceptable methods of marking include cutting, die-sinking, engraving, stamping (including by means of indelible ink) or mold-marking (either indented or raised). The outside back of the case should be marked “Case-China”.

Your sample is being returned as requested.

This ruling is being issued under provision of Part 177 of the Customs Regulations (19 CFR Part 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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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