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NY D84810

December 3, 1998

MAR-2 RR:NC:MM:114 D84810


Mr. Neil M. Townsend
Townsend Logistics, Inc.
1177 N.W. 81st Street
Miami, Florida 33150


Dear Mr. Townsend:

This is in response to your letter dated November 12, 1998, on behalf of Time Zone of Miami, Inc., requesting a ruling on a proposed marking of country of origin for wrist watches. A marked sample was not submitted with your letter for review.

Your letter requests a marking ruling on the Section 304, Tariff Act of 1930, country of origin marking. We are not addressing in this ruling the special marking requirements for watches as stated in Additional U.S. Note 4 to chapter 91, Harmonized Tariff Schedule of the United States. If you require a ruling on the special marking requirements for watches, you must provide this office with an actual marked sample of the wrist watch and a written request for a ruling on the special marking requirements.

You have attached two diagrams of your proposed Section 304 country of origin marking for the wrist watch which will be imported from Hong Kong. The wrist watch will have a Japan movement.

One diagram shows the watch dial with the words "Geneva" and "Japan Movt" on the watch dial in the same size lettering. The second diagram shows the word "Geneva" on the watch dial and "Japan Movt" on the outside of the watch back cover.

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.

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 essential component of the watch or clock. In order to satisfy the requirements of 19 U.S.C 1304, a watch must be legibly marked with the name of the country of manufacture of the watch movement in a conspicuous place.

The reference to "Geneva" on the face of the dial triggers the requirements of 19 CFR 134.46, which requires that if 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, appears 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. The marking "Japan Movt" on the face of the dial will satisfy the requirements of 19 U.S.C. 1304, assuming the watch movement is, in fact, manufactured in Japan.

The proposed marking of the imported watch on the face of the dial with the words "Japan Movt", as illustrated in your diagram one, is conspicuous, legible and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for imported watches.

This ruling is being issued under provision of Part 177 of the Customs Regulations (19 CFR Part 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 Barbara Kiefer at 212-466-5685.


Robert B. Swierupski

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