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NY 815146

October 10, 1995

MAR-2-R:N3:344 815146


Ms. Laurie Everill
JCPenney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: The Special Marking Requirements for a clock movement and a clock case.

Dear Ms. Everill:

In your letter dated September 21, 1995 you requested a ruling on marking for a clock movement and a clock case in accordance with the Special Marking Requirements of U. S. Additional Note 4., Chapter 91, Harmonized Tariff Schedule of the United States (Annotated), which states:

4. Special Marking Requirements: With the following exceptions, any movement or case provided for in this chapter, whether imported separately or attached to an article provided for in this chapter, shall not be permitted to be entered unless conspicuously and indelibly marked by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised), as specified below. 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 special marking requirements for 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.

(c) 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.

You have submitted two samples - a clock movement and a wooden portion of a clock case measuring 6 1/4" x 3 1/8".

The back plate of the clock movement is die-sunk with the words "No Jewel - Made in China." The back plate also has a small metal plate permanently attached thereto bearing the words WEI HAIPS MADE IN CHINA.

The portion of the clock case is stamped with black indelible ink bearing the words MADE IN CHINA.

The above markings for your clock movement and clock case are acceptable for the Special Marking Requirements. The use of the small metal plate rather than direct die-sinking into the plate itself is also acceptable.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Schwartz at 212-466-5895.


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