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NY K83576




March 23, 2004
CLA-2-91:RR:NC:MM:114 K83576

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9102.11.10; 9102.11.25

Mr. Norm Messner
6245 Tackawanna St.
Philadelphia. PA 19135

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

Dear Mr. Messner:

In your undated letter, which was received on February 26, 2004, you requested a tariff classification ruling and a marking ruling on a ladies wristwatch.

The submitted sample is a ladies battery operated analog watch with a quartz movement. The quartz movement contains no jewels. The watch case and the watch bracelet are made of an alloy metal. You indicate that the watches you will be importing will have alloy watch cases and watch bracelets with plating in acid gold or PNP plating.

The applicable subheading for the wrist watch, when the watch case is gold plated or silver plated, will be 9102.11.10, 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, with strap, band or bracelet of textile material or of base metal, whether or not gold or silver plated, with gold- or silver-plated case. The rate of duty will be 44 cents each plus 6 percent on the case plus 14 percent on the strap, band or bracelet plus 5.3 percent on the battery.

The applicable subheading for the watch, when the watch case is not gold or silver plated, will be 9102.11.25, 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, with strap band or bracelet of textile or of base metal, whether or not gold or silver plated, other. The rate of duty will be 40 cents each plus 8.5 percent on the case plus 14 percent on the strap, band or bracelet plus 5.3 percent on the battery.

You also requested a ruling on the marking of the watch. 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. 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 Harmonized Tariff Schedule of the United States (HTSUSA) (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 country of manufacture and the name of 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 watchcases 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.

The submitted sample is in compliance with the Special Marking Requirements as stated in Additional Note 4 of chapter 91, Harmonized Tariff Schedule of the United States.

The submitted sample has a pressure sensitive label on the outside of the back of the watchcase; however, the country of origin is not legibly and conspicuously shown on the label. In order to be in compliance with country of origin requirements, the name of the country of origin (in this instance, Japan) must be conspicuously and legibly shown on the sticker label in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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