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NY B80804





January 28, 1997

CLA-2-91:RR:NC:SP:233 B80804

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 9102.91.40; 7117.19.9000; 9103.10.40; 8506.80.0000; 7419.99.5050

Ms. Betsy Guzior
Department 56 Inc.
One Village Place
6436 City West Parkway
Eden Prairie, MN 55344

RE: The tariff classification and marking of a pocket watch and a clock with a watch movement, movements made in Japan, imported from China.

Dear Ms. Guzior:

In your letter dated January 2, 1997, you requested a tariff classification and country of origin marking ruling.

The following samples were submitted with your request:

1. Item 8404-3 Pocket Watch Ornament, consisting of a battery operated quartz analog pocket watch in a gold-toned base metal case with a gold-toned base metal chain. The chain measures approximately 14" in length. The item is packed in a gift box along with an extra battery and a base metal hook designed for hanging on a Christmas tree. It can be used as a pocket watch when not being used as a Christmas tree ornament.

2. Item 8404-4 Key Clock Ornament, consisting of a battery powered quartz analog clock with a watch sized movement. The watch case consists of gold-toned base metal in the shape of a key. The item measures approximately 4" in length and is packed in a gift box along with an extra battery and a base metal hook designed for hanging on a Christmas tree. It can be used as a clock when not being used as a Christmas tree ornament.

Your samples are being returned as requested.

The applicable subheading for the pocket watch will be 9102.91.40, Harmonized Tariff Schedule of the United States (HTS), which provides for "Wrist watches, pocket watches and other watches, including stop watches. . . Other: Electrically operated: Other: Having no jewels or only one jewel in the movement". The rate of duty will be 40 cents each plus 6 percent on the case plus 5.3 percent on the battery. The applicable subheading for the base metal chain will be 7117.19.9000, HTS, which provides for "Imitation jewelry: Of base metal, whether or not plated with precious metal: Other: Other: Other". The rate of duty will be 11 percent ad valorem. The applicable subheading for the extra battery will be 8506.80.0000, HTS, which provides for "Primary cells and primary batteries; parts thereof: Other". The rate of duty will be 3.7 percent ad valorem. The applicable subheading for the base metal hook will be 7419.99.5050, HTS, which provides for "Other articles of copper: Other". The rate of duty will be 2 percent ad valorem.

The applicable subheading for the clock with watch movement will be 9103.10.40, HTS, which provides for "Clocks with watch movements, excluding clocks of heading 9104: Electrically operated: Other: Having no jewels or only one jewel in the movement". The applicable subheading for the extra battery will be 8506.80.0000, HTS, which provides for "Primary cells and primary batteries; parts thereof: Other". The rate of duty will be 3.7 percent ad valorem. The applicable subheading for the base metal hook will be 7419.99.5050, HTS, which provides for "Other articles of copper: Other". The rate of duty will be 2 percent ad valorem.

You have also asked for a ruling on U.S. Customs marking requirements.

The marking statute, Section 304, 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, and permanently as the nature of the article (or container) 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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

It has been the position of the U.S. Customs Service for many years that the country of origin of a watch or clock is the country of manufacture of the watch or clock movement. The addition of the hands, dial, case or watchband add definition to the time piece but do not change the character or use of the watch or clock movement which is the "guts" of the watch or clock. Accordingly, in order to satisfy the requirements of 19 U.S.C. 1304, the watch or clock must be marked with the name of the country of manufacture of the clock movement. The country of origin marking must also be legible and in a conspicuous place. This marking may be placed on the face of the dial or on the outside surface of the back cover of the watch case.

The submitted sample pocket watch and watch with clock movement both have "JAPAN MOVT" printed on the dial face above the 12 o'clock position. This marking is acceptable for Section 304 purposes.

Additionally, the watch must be marked as required by the Special Marking Requirements of Chapter 91, Additional U.S. Note 4, Harmonized Tariff Schedule of the United States.

Chapter 91 Additional U.S. Note 4 specifies that any movement or case, provided for in the subpart, whether imported separately or attached to any article provided for in the subpart, 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). This marking is mandatory. The Customs Service has no authority for granting exceptions to the special marking requirements for watches and clocks, which 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 (of the movement); and (iii) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings.

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

(c) Watch cases shall be marked on the inside or 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 (of the watch case) or purchaser.

(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 special marking must be accomplished by one of the methods specified above, and using stickers is not an acceptable alternative.

It appears that the submitted samples are not properly marked in accordance with Chapter 91 U.S. Additional Note 4. In addition, the boxes in which the pocket watch and clock with watch movement are packaged both bear a sticker which states "Made in China". This marking is not acceptable. As was previously indicated, the country of origin of a watch or clock is the country of origin of the movement. Accordingly, the stickers must say "Made in Japan".

This ruling is being issued under the provisions of Part 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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Gwenn Klein Kirschner

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