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NY N016852




September 18, 2007

CLA-2-91: RR: NC: 1:114

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9102.11.45; 9102.11.25

Ms. Sandra Peers
UWG Direct, Inc.
3925 Steeles Ave., East
Unit 5, 6 & 7
Brampton, Ontario L6T 5W5
Canada

RE: The tariff classification of quartz analog wrist watches from China.

Dear Ms. Peers:

In your letter dated September 6, 2007, you requested a tariff classification ruling. Samples and pictures of the wrist watches were submitted.

Article number 554509A is a battery operated wrist watch with a quartz analog movement with no jewels. The watch has a stainless steel back, and a PVC band. The watch requires a button cell battery which is included.

Article number 554509B is a battery operated wrist watch with a quartz analog movement with no jewels. The watch has a stainless steel back, and a metal watch band. The watch requires a button cell battery which is included.

Article number 554520A is a battery operated wrist watch with a quartz analog movement with no jewels. The watch has a stainless steel back, and a faux jewels PVC band. The watch requires a button cell battery which is included.

Article number 554520B is a battery operated wrist watch with a quartz analog movement with no jewels. The watch has a stainless steel back with faux jewels on perimeter of front band, and a metal band with faux jewel sparkles. The watch requires a button cell battery which is included.

Article number 554520C is a battery operated wrist watch with a quartz analog movement with no jewels. The watch has a plastic case, and a plastic band. The watch requires a button cell battery which is included.

The applicable subheading for the wrist watches articles number 554509A, 554520A & 554520C 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 only one jewel in the movement; other; other. The rate of duty will be 40 cents each plus 8.5 percent ad valorem on the case plus 2.8 percent ad valorem on the strap, band or bracelet plus 5.3 percent ad valorem on the battery.

The applicable subheading for the wrist watches articles number 554509B & 554520B will be 9102.11.25, Harmonized Tariff Schedule of the United States (HTSUS), 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; other. The rate of duty will be 40 cents each plus 8.5 percent ad valorem on the case plus 14 per cent ad valorem on the strap, band or bracelet plus 5.3 per cent ad valorem on the battery.   It is noted that there are no country of origin markings or Special Markings anywhere on the watches.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. For country of origin marking purposes under 19 U.S.C. 1304, Customs considers the country of origin of a watch to be the country of manufacture of the watch movement. The country of origin marking for a watch may be placed on the face of the dial or on the outside surface of the back cover of the watch case.

Section 134.43(b), Customs Regulations (190 CFR 134.43(b), in conjunction with 19 CFR 11.9, provides that watches must be marked in accordance with the Special Marking Requirements set forth in Additional Note 4, Chapter 91, HTSUS. This note requires that any watch movement or case provided for in the chapter, whether imported separately or attached to an article provided for in the chapter, 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 language is mandatory. Customs has no authority to grant exemptions to the Special Marking Requirements for watches.

Section (a) of Additional Note 4 requires that watch movements be marked on one or more of the bridges or top plates to show: (1) the name of the country of manufacture; (2) the name of the manufacturer or purchaser; and (3) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings. Section (c) of Additional Note 4 requires that watch cases shall be marked on the inside or outside of the back cover to show: (1) the name of the country of manufacture; and (2) the name of the manufacturer or purchaser.

While the samples submitted may be a prototype only and therefore absent of country of origin and special markings, we are informing you of the marking requirements so that you may avoid any unnecessary delays or penalties upon importation.

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/.

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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