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 > 2004 NY Rulings > NY K87206 - NY K87255 > NY K87250

Previous Ruling Next Ruling
NY K87250




June 29, 2004
CLA-2-91:RR:NC:MM:114 K87250

CATEGORY: CLASSIFICATION MARKING

TARIFF NOS.: 9102.12.80, 9102.12.20

Mr. Rodney Ralston
UPS Supply Chain Solutions
One Trans-Border Drive
Champlain, NY 12919

RE: CLASSIFICATION AND COUNTRY OF ORIGIN MARKING OF WATCHES

Dear Mr. Ralston:

This is in response to your letter dated June 21, 2004, on behalf of Franchise Development Canada Inc., requesting a ruling on the classification and the country of origin marking of a watch. A sample was submitted with your letter and is being returned as requested.

The item is a battery-operated child’s LCD watch with a textile watch band. The watch is made in China.

The applicable subheading for the wrist watch will be 9102.12.80, Harmonized Tariff Schedule of the United States, which provides for wrist watches, electrically operated, whether or not incorporating a stop watch facility, with opto-electronic display only, other. The rate of duty will be free.

The applicable subheading for the watch band will be 9102.12.20, Harmonized Tariff Schedule of the United States, which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80 and classifiable therewith pursuant to additional U.S. note 2 to this chapter; all the foregoing whether or not attached to such watches at the time of entry, of textile material or of base metal, whether or not gold- or silver-plated. The rate of duty will be free.

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 essential component 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.

Additional U.S. Note 4 to chapter 91 requires that watches must be marked in accordance with the special marking requirements of that note, however, movements with opto-electronic displays and cases designed for use therewith are excepted from the special marking requirements.

The submitted sample of the child’s quartz watch with LCD display is not marked with country of origin. In order to satisfy the marking statue, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), the watch must be marked with the words “Made in China”, or similar wording, as conspicuously, legibly and permanently as is possible .

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: