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NY 861548

April 1, 1991

CLA-2-:91:S:N:N3G:344 861548

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.11.30

Ms. Amy Frey
Jorba Corporation
1201 Connecticut Avenue, N.W.
Suite 200
Washington, D. C. 20036

RE: The tariff classification of a wrist watch from Hong Kong.

Dear Ms. Frey:

In your letter of March 14, 1991, you requested a tariff classification ruling on an S&L Dreamtime watch.

The submitted sample, S&L Dreamtime's Model Number AG166, is a battery operated, quartz analog wrist watch consisting of a Citizen movement with no jewels, in a gold-plated case with a leather band. The movement is made in Japan, while the case and the band are made in Hong Kong. The watch is assembled in Hong Kong.

Your sample is being returned as requested.

The applicable subheading for Model Number AG166 will be 9102.11.30, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, battery powered, whether or not incorporating a stop watch facility: with mechanical display only: having no jewels or only one jewel in the movement: other: with gold- or silver-plated case. The rate of duty will be 44 cents each plus 6 percent on the case plus 2.8 percent on the strap, band or bracelet plus 5.3 percent on the battery.

You have also asked about the markings required on these imported watches.

Quartz analog watches must be marked in accordance with the country of origin marking requirements of section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) and the special marking requirements set forth in Chapter 91, Additional U.S. Note 4 of the Harmonized Tariff Schedule of the United States.

For purposes of Section 304, the country of origin of a watch is the same as the country of origin of its movement and the country of origin of a watch movement is that country where the movement parts have been assembled. Accordingly, the words "Japan Movement", "Movt Japan" or "Japan" may be marked on the face of the dial, or on the outside of the back cover of the watch case. The leather strap must be marked "Hong Kong". The markings must be conspicuous, legible, indelible and permanent.

The applicable special marking requirements as set forth in Chapter 91, Additional U.S. Note 4, HTS, are as follows:

(a) Watch movements shall be marked on one or more of the bridges or top plates to show--

(i) the name of the country of manufacture; (ii) the name of the manufacturer or purchaser; and (iii) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings.

(c) Watch cases shall be marked on the inside or outside of the back cover to show--

(i) the name of the country of manufacture; and (ii) the name of the manufacturer or purchaser.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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