United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY J82646 - NY J82694 > NY J82686

Previous Ruling Next Ruling
NY J82686




April 4, 2003

CLA-2-91: RR:NC:MM:114 J82686

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.11.45

Mr. John Cioffi
Continental Forwarding Co., Inc.
6862 Engle Road
Cleveland, Ohio 44130

RE: The tariff classification and country of origin marking for a quartz analog watch (watch head); special marking requirements; Additional U.S. Note 4, Chapter 91, Harmonized Tariff Schedule of the United States

Dear Mr. Cioffi:

This is in response to your letter dated March 17, 2003, on behalf of Lamrite West Inc. dba Darice, requesting a tariff classification ruling and a ruling on whether the proposed marking of the quartz analog watch (watch head) is an acceptable country of origin marking for imported watches. A marked sample was submitted with your letter for review.

The submitted item number 1072-32 is a watch without a strap, band or bracelet (watch head only). The watch head contains a quartz analog, battery powered watch movement in a base metal case with a stainless steel back. The movement has no jewels. The watch head is assembled with a round dial and hour, minute and second hands.

The applicable subheading for the quartz analog watch (watch head) will be 9102.11.45, 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; 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 ad valorem on the battery. The 2.8 percent portion of the compound rate of duty is inapplicable since the watch will be imported without the wrist attachment.

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, 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 watchband add definition to the time piece but do not change the character or use of the watch or clock movement which is the "guts" 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 watch movement in a conspicuous place.

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 must be marked in accordance with the special marking requirements set forth in Chapter 91, Additional U.S. Note 4 of the HTS (19 U.S.C. 1202). This note requires that any 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. Customs 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 manufacturer or purchaser; and, in words, the number of jewels, if any servicing 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 cover 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, and using stickers is not an acceptable alternative.

As presented, the watch is marked on the back and on the dial with the words “Japan Movt”. The proposed marking of the imported watch is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for imported watches.

As presented, the label stating “Dial China”, “Case China”, “Strap China”, “Assemble in China” and “Japan Movt” does not meet the special marking requirements set forth in Chapter 91, Additional U.S. Note 4 of the HTS. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4, and using stickers is not an acceptable alternative.

For your information, enclosed is a copy of the special marking requirements set forth in Chapter 91, Additional U.S. Note 4 of the HTS. The watch must be marked in accordance with the special marking requirements.

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,

Previous Ruling Next Ruling

See also: