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NY M84175




July 14, 2006

CLA-2-91:RR:NC:MM:114 M84175

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.11.45

Mr. Bradley Menard
Fossil Partners, LP
10615 Sanden Drive
Dallas, TX 75238

RE: The tariff classification and marking of an analog watch with mechanical dial

Dear Mr. Menard:

In your letter dated June 6, 2006, you requested a tariff classification and country of origin marking ruling. An unmarked sample of the analog wrist watch with mechanical dial was submitted with the ruling request.

The submitted watch is identified in your letter as an analog watch with mechanical dial, item number ME1006. The watch is a man’s battery-operated watch with a quartz analog movement that is capable of determining intervals of time, which is assembled into a module containing a mainspring driven chassis that is not capable of determining intervals of time. The battery-operated quartz analog movement contains one jewel and is made in Thailand utilizing Swiss parts. The quartz movement operates the hour and minute hands of the wrist watch. The mainspring driven chassis, which winds solely from arm motion via a rotor assembly, contains 25 jewels and is made in China. The upper portion of the face of the watch features the quartz movement’s hour and minute hands. The lower portion of the face of the watch features the mechanical chassis’ wheels and gears. The mechanical chassis also features a second hand that has no time keeping function. The quartz analog movement and mechanical chassis are assembled into a single module using a bridge plate made in China.

You indicate that the wrist watch is to be assembled in China. The quartz analog movement, assembled in Thailand from Swiss parts, will be assembled to the mechanical chassis made in China. The complete module will be assembled to the stainless steel case, which is manufactured in China, and to the leather strap, which is made in China.

Your sample is being returned as requested.

The applicable subheading for the analog watch with mechanical dial will be 9102.11.45, Harmonized Tariff Schedule of the United States (HTSUS), 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 one jewel in the movement: other: other. The rate of duty will be 40 cents each plus 8.5 percent on the case plus 2.8 percent on the strap, band or bracelet plus 5.3 percent on the battery.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 case, the watch has two movements, a quartz analog movement that determines the hours and minutes, and a mechanical chassis that has no time keeping function. Because showing the hour and minutes of the day is the essential function of the watch, we find that the country of origin of the quartz analog movement is considered the country of origin of the watch.

In this instance, the quartz watch movement is assembled in Thailand of Swiss parts. 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.

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 HTSUS (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.

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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