NY K88221 - THE COUNTRY OF ORIGIN MARKING OF WATCHES - United States International Trade Commision Rulings

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NY K88221

August 24, 2004

MAR-2 RR:NC:MM:114 K88221

CATEGORY: MARKING

Mr. Dan Eschenbrenner
Phoenix Freight Services LTD.
4659 World Parkway Circle
St. Louis, MO 63134

RE: THE COUNTRY OF ORIGIN MARKING OF WATCHES

Dear Mr. Eschenbrenner:

This is in response to your letter dated July 1, 2004, on behalf of ZeitArt USA, requesting a ruling on the proposed marking of watches. A marked sample was not submitted with your letter for review.

In your letter, you state that ZeitArt USA intends to import wrist watches from ZeitArt in Germany. In a telephone conversation with Mr. Neil Gelman of ZeitArt USA, it was stated that all of the parts of the movements are manufactured in China and shipped to Germany for assembly. In Germany the parts are assembled into subassemblies and the full assembly of the complete movement is accomplished in Germany.

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.

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 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.

You propose to mark the watch in the following manner. The face of the watch (the dial) will be marked with “Germany”, ‘German Made”, or “ZeitArt Germany”.

You state that the rotor on the movement will be marked “ZeitArt Germany” or “ZeitArt German Made”. The rotor will also have the number of jewels marked on it, and the manufacturer number and caliber number. You state that the watch case will be marked wither “ZeitArt Germany” or “ZeitArt German Made”. The watch case will also have the manufacturer number and caliber number.

Under long standing Customs practice, the country of origin a watch movement is the country of origin of the watch. In this situation, the parts of the movement are assembled into a complete movement in Germany. The country of origin of the watch is Germany. The dial of the watch or the outside of the back of the watch should be marked “Mov’t Germany”, “Germany Mov’t”, “Movement Germany” or similar words, in order to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Also acceptable is marking the watch with “China Parts/Made in Germany” or “China Parts/Mov’t Germany” or similar words.

Regarding the special marking requirements of Additional U.S. Note 4 to chapter 91, the movement must be marked on the one or more of the bridges or top plates to show the name of the country of manufacture of the movement, the name of the manufacturer or purchaser and the number of jewels, if any, serving a mechanical purpose as frictional bearings. The watch case must be marked on the inside or outside of the back to show the name of the country of manufacture of the watch case and the name of the manufacturer or purchaser.

For your information, we are enclosing a copy of the special marking requirements for watches, Additional U.S. Note 4 to chapter 91 of the Harmonized Tariff Schedule of the United States.

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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