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NY 897380

May 16, 1994

CLA-2-91:S:N:N8:344 897380


Mr. Govind H. Lalani
Lalani Enterprise
80-807 Dartmouth Avenue
Indio, CA 92201

RE: The country of origin marking of wall clocks from India.

Dear Mr. Lalani:

In your letter dated April 21, 1994, you requested a country of origin marking ruling.

You have submitted two samples of quartz analog wall clocks for our inspection and ruling as to the acceptance of the country of origin markings.

For purposes of 19 U.S.C. 1304, the country of origin of a clock is the same as the country of origin of its movement.

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.

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), cited above.

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 clocks 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.

The section 304 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.

With regard to the special marking requirements, your clocks comply with U.S. note 4. (b) (ii) and (iii). You have not complied with (i)...the name of the country of manufacture. You also have not complied with U.S. note 4. (d), cited above.

As to the section 304 country of origin marking requirements, we are of the opinion that your clocks are not properly marked. The inscription "India" on the face of the dial is not conspicuous as it is the same color as the dial. A contrasting color or an adhesive sticker as described above, would bring these clocks into compliance with the section 304 marking requirements.

Your clocks are being returned as requested.

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

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