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NY 863218

May 29, 1991

CLA-2:91:S:N:N3G:344 863218


TARIFF NO.: 9102.11.30

Mr. Gordon R. Whitlock
Etched in Time, Inc.
4665 S. Ash Ave., Suite G5
Tempe, AZ 85282

RE: Quartz analog wrist watches from Taiwan: classification; marking.

Dear Mr. Whitlock:

In your letter of April 29, 1991, you asked for a ruling on the tariff classification and the markings required on certain quartz analog wrist watches to be imported from Taiwan.

Three samples were submitted with your letter. One is a lady's watch and the other two are mens' watches. All three are battery-operated quartz analog wrist watches with gold-plated cases and leather wrist bands.

The lady's watch and one man's watch contain ETA 6 3/4 x 8 ligne watch movements with no (0) jewels. The ETA movement is made in Thailand utilizing Swiss movement parts. The other man's watch has a Miyota 6 3/4 x 8 ligne movement containing one antifriction jewel. The Miyota movement is made in Japan.

After importation you will replace the watch dials with dials made by you in Tempe, Arizona. These custom-made dials will bear your customers' logos.

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

Your watches must be marked to indicate the name of the countryoforigin, as required by section 304 of the Tariff Act of 1930, as amended (19 U.S.C.1304). The country of origin marking may be placed on the face of the dial or on the outside surface of the back cover of the watch case.

For purposes of section 304, the country of origin of a watch is the same as the country of origin of its movement. For your watches containing movements assembled in Thailand, the country of origin is Thailand and for the watches with Miyota movements the country of origin is Japan.

Accordingly, the watches with movements assembled in Thailand should be marked "Thailand" or "Thai movement". The watches with Miyota movements should be marked "Japan" or "Japan movement". Because you are replacing the watch dials, the country of origin on your watches should be marked on the outside surface of the back cover of the watch case.

The leather watch strap must also be marked to show the name of the country of origin of the strap.

Additionally, your watches must be marked as required by the Special
Marking Requirements of chapter 91, U.S. note 4, HTS.

U. S. note 4, chapter 91, specifies that the special markings are to conspicuously and indelibly marked by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised), as follows:

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 [of the movement] or purchaser; and
(iii) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings.

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 [of the watch case] or purchaser.

The ETA and the Miyota watch movements in your sample watches have all the required special markings and both are therefore legally marked. The watch cases are not marked with the two special markings specified above and are therefore not legally marked.

The sample watches are being returned to you.

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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