NY G85770 - THE COUNTRY OF ORIGIN MARKING OF WATCHES - United States International Trade Commision Rulings

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NY G85770

February 6, 2001

MAR-2 RR:NC:MM:114 G85770

CATEGORY: MARKING

Mr. Warren J. Neitzel
Bulova Corporation
One Bulova Avenue
Woodside, NY 11377-7874

RE: THE COUNTRY OF ORIGIN MARKING OF WATCHES

Dear Mr. Neitzel:

This is in response to your letter dated January 16, 2001 requesting a ruling on whether the proposed marking of watches with hangtags or adhesive stickers is an acceptable country of origin marking for imported watches. Four marked samples were submitted with your letter. The submitted samples are men’s watches with quartz movements, analog dials featuring the date or day/date and metal watchbands. No model numbers are shown for the watches. Your request concerns country of origin marking under Section 304 of the Tariff Act of 1930. You indicate that at the time of importation, the watches’ movements and cases will be properly marked in accordance with the special marking requirements for watches and clocks as set forth in Additional U.S. Note 4 of chapter 91 of the Harmonized Tariff Schedule of the United States.

You propose marking the country of origin of the watches with hangtags affixed to the bands of the watches, or with adhesive stickers affixed to the watch case backs. You state that the hangtags and the adhesive stickers will be legible and securely affixed or attached to the watches. Bulova believes that the requirements of Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) will be met by marking with either hangtags or adhesive sticker labels.

In the first example, the movement of the watch is manufactured in Japan and the strap is produced in China. The watch and the watchstrap are assembled together in Japan. You propose marking the watch with a hangtag that states “JAPAN”.

In the second example, the movement is manufactured in Japan and the strap is produced in China. The watchstrap will be assembled to the watch in Hong Kong. You propose marking the watch with an adhesive sticker stating “JAPAN MOVEMENT, HONG KONG BAND”. The adhesive sticker will be affixed to the watchcase back.

In the third example, the movement is manufactured in Japan and the strap produced in China. The watch and the watchstrap are assembled together in Japan. You propose marking the watch with a hangtag stating “Japan Movement”.

In the fourth example, the movement is manufactured in Japan and the strap is produced in China. The watchstrap will be assembled to the watch in Hong Kong. You propose marking the watch with an adhesive sticker affixed to the watch case back stating “JAPAN” and marking the watch strap by die stamping or engraving “HONG KONG” on the strap.

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

For Section 304, the country of origin marking for a watch may be placed in any conspicuous location. This includes marking on the face of the dial or on the outside surface of the back cover of the watchcase. An adhesive sticker or hangtag may be used for Section 304 marking on a watch as long as the sticker or hangtag is affixed so securely, that unless deliberately removed, it will remain on the watch while is in storage or on display until it is delivered to the ultimate purchaser. The marking must also be legible and in a conspicuous location so that the purchaser can make an informed purchasing decision.

Additionally, with regard to the watchstrap or band, Customs has determined that watch straps and bands assembled to a watch in the same country where the movement is assembled are substantially transformed and become a product of that country. In that situation, assuming that the country of origin marking of the watch is conspicuous, legible and permanent, the band is not required to be separately marked. However, the assembly of a watchband with a watch in a country other than the country in which the watch was produced, does not result in a substantial transformation of the watchband. In this situation, the watchband or watchstrap must be separately marked with its country of origin.

The proposed marking of the imported watches and watch bands, as stated above, is considered to be conspicuous, legible and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is acceptable as the country of origin marking for the imported watches.

Your samples are being returned as requested.

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 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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