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NY 895878

March 28, 1994

CLA-2-91:S:N:N8:344 895878


TARIFF NO.: 9105.11.80

Mr. Bruce Rufener
Ownco Marketing
1705 S. W. Taylor Street
Portland, Oregon 97205

RE: The tariff classification and marking of a quartz analog alarm clock from Germany.

Dear Mr. Rufener:

In your letter of March 16, 1994, you requested a tariff classification and marking ruling on a quartz analog alarm clock.

The submitted sample is a battery powered quartz analog table alarm clock in a plastic case.

The applicable subheading for the table alarm clock will be 9105.11.80, Harmonized Tariff Schedule of the United States (HTS), which provides for Other clocks: Alarm clocks: Battery or AC powered: Other. The rate of duty will be 30 cents each plus 6.9% on the case plus 5.3% on the battery.

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

Clocks 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).

The special marking requirements for your clock are as follows:

(b) Clock movements shall be marked on the most visible part of the front or back plate to show:

(i) the name of the country of manufacture; (ii) the name of the manufacturer or purchaser; and (iii) the number of jewels, if any.

(d) Clock cases provided for in this chapter shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture.

For purposes of section 304, the country of origin of a clock 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 clock 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 clock 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.

You have asked us to inform you as to whether or not the markings on your clock comply with U.S. Customs regulations. Your clock markings are in compliance with the special marking requirements -- the movement shows the manufacturer, the number of jewels and the country of manufacture. The case, too is marked properly with the country of origin. Your clock is also in compliance with the section 304 requirement -- the dial is marked with the country of origin.

However, it is noted that the box is unmarked. It is suggested that the box be marked with the country of origin so that compliance with the requirements of section 304 will be complete.

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

Your clock is being returned as requested.

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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