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NY 873790

May 8, 1992

CLA-2-:91:S:N:N3G:344 873790


TARIFF NO.: 9102.11.3000

Ms. Lily Luh
Capital International Company
14249 Heritage Crossing Lane
Centreville, Virginia 22020

RE: The tariff classification and marking of "souvenir" quartz analog wrist watches from Japan.

Dear Ms. Luh:

In your letter of April 21, 1992, you requested a tariff classification ruling on certain "souvenir" quartz analog wrist watches.

You have submitted three samples of wrist watches with your request. The three watches, Style #s 001, 093 and 007 are battery operated quartz analog wrist watches, in gold-plated cases with leather straps. The movements have no jewels. These "souvenir" watches have gold colored dials with a drawing of the Washington Monument. The words..."Washington Monument" appear directly under the drawing and the words..."Washington, D.C." appear directly under the words..."Washington Monument." You indicate in your letter that you intend to import these watches with the words "Japan Mvmt" instead of "Washington, D. C."

Your samples are being returned as requested.

The applicable subheading for the battery-operated quartz analog wrist watches, Style #s 001, 093 and 007 will be 9102.11.3000, 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. 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.

You have asked for country of origin marking requirements and Special Marking Requirements for these watches.

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 be conspicuously and indelibly marked by cutting, die- sinking, engraving, stamping or mold-marking (either indented or raised). Adhesive stickers are not acceptable for purposes of the special markings on watches.

The Special Marking Requirements 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.

For purposes of Section 304, the country of origin of a watch is the same as the country of origin of its movement. In this case the country of origin would be Japan. Under ordinary circumstances this marking may be placed on the face of the dial or on the outside surface of the back cover of the watch case. However, because the dials on your souvenir watches will show the words "Washington Monument" your watches will require specific marking as discussed below.

Section 134.46, 19 CFR - Marking when name of country or locality other than country of origin appears, states:

"In any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning."

Although you are removing the words "Washington, D.C." the words "Washington Monument" will remain. As "Washington" is the name of both an American city and state we would remind you of the above referenced regulation which requires that the words "Mvmt Japan" or "Japan Mvmt" be of the same size as the words "Washington Monument" and placed directly thereunder. Marking on the back of the outside of the watch case, for purposes of Section 304, will not be permitted.

If you choose to remove the words "Washington Monument", you may then place the country of origin marking on the face of the dial or on the outside surface of the back cover of the watch case. You may also use an adhesive sticker 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 in 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.

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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