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NY C89395

July 16, 1998

MAR-2 RR:NC:MM:114 C89395


Mr. John W. Whitaker

O'Neill & Whitaker, Inc.

1809 Baltimore Ave.

Kansas City, Missouri 64108


Dear Mr. Whitaker:

This is in response to your letter dated June 22, 1998, on behalf of Hallmark Cards, Inc., requesting a ruling on the marking of a clock movement. A sample was submitted with your letter for review.

The battery-operated clock movement consists of a plastic housing, plastic knobs and gears, and quartz components. The sample is marked "KING FAME",and "NO (0) JEWELS UNADJUSTED" by molding the words into the plastic housing. The word "CHINA" is stamped in ink on the housing.

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 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §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.

Section 134.43(b), Customs Regulations (19 C.F.R. §134.43(b)), in conjunction with section 11.9, Customs Regulations (19 C.F.R. §11.9), provides that clocks be marked in accordance with the special marking requirements set forth in Chapter 91, Additional U.S. Note 4 of the Harmonized Tariff Schedule of the United States (HTSUSA) (19 U.S.C. §1202). This note requires that any clock movement, 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), as specified in the provisions of this note. This marking is mandatory. The Customs Service has no authority for granting exceptions to the special marking requirements for clocks.

Section (b) of Additional U.S. Note 4 requires that clock movements shall be marked on the most visible part of the front or back plate to show the name of the country of manufacture; the name of the manufacturer or purchaser; and, the number of jewels, if any. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4, and using stickers is not an acceptable alternative.

The proposed marking of the imported clock movement, as described above, is not acceptable and does not satisfy the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134. The marking of the country of origin of the movement must be accomplished using a permanent method as stated in Additional Note 4 to chapter 91. The country of origin, in this case "CHINA", must be marked by cutting, die-sinking, engraving, stamping or mold-marking.

This ruling is being issued under provision of Part 177 of the Customs Regulations (19 CAR 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.


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