NY E80826 - Country of origin marking of poly resin clock; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS - United States International Trade Commision Rulings

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April 22, 1999

MAR-2 RR:NC:MM:114 E80826

CATEGORY: MARKING

Mr. Kevin Taniguchi
Expeditors International of Washington, Inc. 21318 64th Avenue South
Kent, Washington 98032

RE: Country of origin marking of poly resin clock; special marking requirements; Additional U.S. Note 4, Chapter 91, HTSUS

Dear Mr. Taniguchi:

This is in response to your letter dated April 13, 1999, on behalf of Hearts & Flowers, Inc., requesting a ruling on whether the proposed marking of the poly resin clock is an acceptable country of origin marking. A marked sample of the clock was submitted with your letter for review.

The submitted item number BQ5-6 is a battery operated quartz analog clock. There are no jewels in the movement. The clock is set into a poly resin case. The case has a floral pattern along the edge and in the front. The entire article measures approximately 3 inches in height, 2 inches in length and 1 inch in width. The clock measures approximately 1 1/2 inches in diameter. The clock has a round dial with hour, minute and second hands. The face of the clock features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day.

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 (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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. As provided in section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is 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 must 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 (HTSUS) (19 U.S.C. 1202). This note requires that any clock or watch 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), 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 or watches.

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

The clock as submitted is not properly marked for country of origin and fails to meet the marking requirements of 19 U.S.C. 1304. In order to satisfy the requirements of 19 U.S.C. 1304, a clock must be legibly marked with the name of the country of manufacture of the movement in a conspicuous place. In this instance, the clock movement is manufactured in Japan, not China. The markings Japan or Made in Japan would meet the requirements of 19 U.S.C. 1304. You may use a permanent sticker on the bottom of the clock, but it must show Japan as the country of origin.

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, in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings. Section (d) of Additional U.S. Note 4 requires that clock cases provided for in Chapter 91, HTSUS, shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture. The country of manufacture for these requirements refers to where the movement and cases were manufactured, rather than where the clock was made.

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 requirements mandate that a clock movement be marked with the number of jewels contained therein, which translates to one or more. If the clock movement contains no jewels, the words NO (O) JEWELS on the movement housing of the clock is not a required marking.

In the submitted sample, the clock movement is not legally marked in accordance with Chapter 91, Additional U.S. Note 4(b), HTSUS. In the sample provided, the movement shows NO JEWELS. The movement is not marked with the name of the country of manufacture (in this instance, Japan) nor does it show the name of the manufacturer or purchaser. 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. Marking the movement with the words Japan or Made in Japan and the name of the manufacturer or purchaser would meet the requirements of Section (b) of Additional U.S. Note 4. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4. Regarding the marking of clock movements, Chapter 91, Additional U.S. Note 4 requires conspicuous and indelible marking by cutting, die-sinking, engraving, stamping, or mold-marking (either indented or raised) on the movement itself, not the back plate.

As presented, the clock case is not legally marked in accordance with Chapter 91, Additional U.S. Note 4(d), HTSUS. In the sample provided, the back plate is marked with the words Movement made In Japan and Case made in China for Hearts & Flowers. The special marking requirements of Section (d) of Additional U.S. Note 4 require that the clock case be marked on the most visible part of the outside of the back to show the name of the country of manufacture of the case, not on the back plate. The sample submitted is marked on the back plate and fails to meet the special marking requirements of Section (d) of Additional U.S. Note 4. Regarding the marking of clock cases, Chapter 91, Additional U.S. Note 4 requires conspicuous and indelible marking by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised) on the most visible part of the outside of the back to show the name of the country of manufacture. In this instance, marking the clock case on the most visible part of the outside of the back with the words Made in China or Case China using one of the methods specified in Additional U.S. Note 4 to Chapter 91 is an acceptable marking.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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