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NY 861726

April 8, 1991

CLA-2:91:S:N:N3G:344 861726


TARIFF NO.: 9102.11.70

Mr. Mark R. Kittel
Global Transportation Services, Inc.
7550 24th Avenue S., Suite #144
Minneapolis, MN 55450

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

Dear Mr. Kittel:

In your letter of March 19, 1991, on behalf of Opal Time USA, of Elk River, Minnesota, you requested a ruling on an opal wrist watch to be imported from Hong Kong initially, and later to be imported from Australia.
The submitted sample is a lady's battery-operated quartz analog wrist watch with an opal dial in a gold-plated case with a leather wrist band. There are five jewels in the movement.

Your sample is being returned as requested.

The applicable subheading for the opal wrist watch will be 9102.11.70, 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: other: other: with gold- or silver-plated case. The rate of duty will be 80 cents each plus 6% on the case plus 2.8% on the strap, band or bracelet plus 5.3% on the battery.

You have asked about special markings and the country of origin marking requirements for your watch.

Watches are required to be marked in accordance with the special marking requirements specified in chapter 91, U.S. note 4, HTS, and they must be marked to indicate the name of the country of origin as required by section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304).

U. S. note 4, chapter 91, requires that the special markings are to conspicuously and indelibly marked by cutting, die- sinking, engraving, stamping or mold-marking (either indented or raised). Adhesive stickers (such as the sticker on the inside surface of the back cover of your watch case) are not acceptable for purposes of the special markings on watches. The special marking requirements for your opal watch 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 [of the movement];
(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 the outside of the back to show:

(i) the name of the country of manufacture [of the watch case]; and
(ii) the name of the manufacturer or purchaser.

Following the decision in ruling letter 727638 LR (copy of ruling attached) issued by Customs headquarters on April 17, 1985, the PUW and the ETA logos are acceptable for fulfilling the special marking requirement to name the manufacturer of the movement.

For purposes of section 304, the country of origin of a watch is the same as the country of origin of its movement. This marking may be placed on the face of the dial or on the outside surface of the back cover of the watch case. An adhesive sticker may be used for the section 304 marking so long as the sticker is affixed so securely that unless deliberately removed it will remain on the watch while it is storage or on display and until delivered to the ultimate purchaser. This marking is intended to enable the ultimate purchaser to make an informed purchase decision based on the country of origin.

Please note that the watch movement in your opal watch is not marked to indicate the name of the country of manufacture. The special requirement of U.S. note 4(a)(i), chapter 91, HTS, has therefore not been met. If the movement was assembled in Hong Kong, the country of manufacture is Hong Kong and the section 304 country of origin marking should be "Hong Kong" or "Made in Hong Kong" (either on the dial or the outside surface of the back cover).

The watch strap must also be marked to show the name of its country of origin, as required by section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304).

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.


Jean F. Maguire
Area Director

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