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NY L85912




July 28, 2005

CLA-2-91:RR:NC:MM:114 L85912

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.11.10

Ms. Marilyn Cohen
I.L. Cohen Co., Inc.
225 Broadway
New York, NY 10007

RE: The tariff classification and marking of quartz analog wrist watches

Dear Ms. Cohen:

In your letter dated June 30, 2005, on behalf of E. Gluck Corp., you requested a tariff classification and marking ruling on two quartz analog wrist watches. Marked samples of the bangle watch and the charm watch were submitted with the ruling request.

The submitted bangle watch, style number 10/7438, is a battery operated quartz analog wrist watch with a gold-plated case with a stainless steel back. There is one jewel in the movement. The watch’s bracelet consists of a gold-tone bangle bracelet. The watch has a square case and the dial has hour, minute and second hands.

The submitted charm watch, style number 10/7397, is a battery operated quartz analog wrist watch with a silver-plated case with a stainless steel back. There is one jewel in the movement. The watch’s bracelet is a silver tone metal chain with imitation pearls; the bracelet wraps around the wrist of the wearer. The watch has a round case and the dial has hour, minute and second hands.

You have indicated in your letter that the country of origin of the parts of the movement for each watch is Switzerland. The movement will be assembled in Thailand. The movement will be assembled into the watch in China. The country of origin of the dial, crystal, and hands is China.

The applicable subheading for the bangle watch and charm watch will be 9102.11.10, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; 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 ad valorem on the case plus 14 per cent ad valorem on the strap, band or bracelet plus 5.3 percent ad valorem on the battery.

You have also requested a ruling on the marking of the watches. 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.

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.

In this instance, the watch movement is assembled in Thailand. Thailand is considered to be the country of origin of the watch. Marking each watch with the words “Thailand”, “Made in Thailand”, “Thailand Movement”, “Thailand Movt.” or similar words, in a conspicuous place, either on the face of the dial or on the outside back of the watch, as legibly, and permanently as the nature of the watch 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, would meet the requirements of 19 U.S.C. 1304.

The samples that you submitted are permanently marked on the outside of the back of the watches with the words “Thailand Movt”. The watches are marked with country of origin in accordance with the requirements of 19 U.S.C. 1304.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.43(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 (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 (including by means of indelible ink), 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 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. 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.

The samples of the watch cases that you submitted are marked “China” and “E. Gluck Corp.” in the manner required by Additional U.S. Note 4 of chapter 91 of the Harmonized Tariff Schedule of the United States (HTS) on the inside of the case back. The movements are marked with the words “One Jewel”, “Thailand Made” and “Ronda” in the manner required by Additional U.S. Note 4 of chapter 91 of the Harmonized Tariff Schedule of the United State (HTS). The submitted samples met the special marking requirements of Additional U.S. Note 4 of chapter 91 of the Harmonized Tariff Schedule of the United States (HTS).

This ruling is being issued under provision of Part 177 of the Customs Regulations (19 CFR Part 177).

Your samples are being returned as requested.

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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