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NY 871124

February 11, 1992

CLA-2-:91:S:N:N3G:344 871124


TARIFF NO.: 9109.11.10

Ms. Gloria Curtis
Highway 15 South
Louisville, MS 39339-9699

RE: The tariff classification and country of origin marking of a battery powered quartz opto-electronic alarm clock movement with LCD display from China.

Dear Ms. Curtis:

In your letter of January 31, 1992, you requested a binding ruling on the country of origin marking of battery powered quartz digital (opto-electronic) alarm clock movements with LCD display to be imported from China. The complete and assembled clock movements will be used in the manufacture of digital alarm clocks at your Louisville, Mississippi plant. All other components for the alarm clocks will be purchased in the U. S.

You have submitted a sample of the clock movement in question as well as a sample of the complete and finished alarm clock. The clock movement, which is regulated by a quartz crystal, consists of two connected printed circuit boards and an LCD display.

For country of origin marking purposes under 19 U.S.C. 1304, Customs considers the country of origin of clocks to be the country of manufacture of the clock movements.

Section 304 of the 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, indelibly and permanently as the nature of the article 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.

In this instance, the movement was made in China, so that the country of origin marking would have to reflect China. The markings "Made in China" or "China" would meet the requirements of 19 USC 1304. The LCD display, if imported with the clock movement, need not be separately marked. After assembly in the United States, the clock case must be marked on the outside "Movt China" or "Movement China". The additional marking, "Assembled in the U.S.A.", is optional. However, if used, the marking must be in close proximity to, and of the same size and lettering of, the country of origin marking.

The Special Marking Requirements outlined in Chapter 91, Additional U.S. Notes, Note 4.(b)., Harmonized Tariff Schedule of the United States (HTS) are not applicable. See Note 4., Additional U.S. Notes, Chapter 91, HTS, which states: "Movements with opto-electronic display only and cases designed for use therewith, whether entered as separate articles or as components of assembled watches or clocks, are excepted from the marking requirements set forth in this note."

The applicable subheading for the opto-electronic clock movement will be 9109.11.10, HTS, which provides for Clock movements, complete and assembled: battery or AC powered: of alarm clocks: with opto-electronic display only. The rate of duty will be 3.9% on the movement plus 5.3% on the battery, if any.

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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